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Constitutional Law Keyed to Choper
McBurney v. Young
Citation:
569 U.S. 221 (2013)Facts
Mark McBurney, a Rhode Island citizen and former Virginia resident, sought documents from Virginia’s Division of Child Support Enforcement regarding a 9-month delay in processing his child support petition against his ex-wife, a Virginia citizen. Roger Hurlbert, a California citizen, operated a business that obtained real estate tax records for clients and sought property records from Henrico County, Virginia. Both petitioners were denied access to the requested records under Virginia’s Freedom of Information Act because they were not Virginia citizens. While McBurney later received most of the information he sought through Virginia’s Government Data Collection and Dissemination Practices Act, he did not receive general policy information. Several other states besides Virginia have enacted similar citizens-only FOIA provisions.
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