From the Yakima Herald-Republic Online News.


Posted on Monday, June 08, 2009

Firm wins access to Yakima County property records
By MARK MOREY
Yakima Herald-Republic

 

YAKIMA, Wash. -- A California company has won its fight to force Yakima County to disclose an electronic database of property records.

The Seattle attorney representing the plaintiff said the case will likely cost her client more than $70,000, with the county having to pay at least part of that.

Judge James Lust ruled last week in Yakima County Superior Court that Roger Hurlbert, the owner of California-based Sage Information Services, had a right to obtain the requested data under the state's open records law.

The county must pay Hurlbert for attorneys' fees, but he must pay for the time it takes to prepare the records, estimated at more than 100 hours, according to Lust's ruling. Lust will have to decide what he considers a reasonable amount for legal fees.

The county had argued that it should not have to release the entire database, as Hurlbert originally requested, because it contained nondisclosable information.

The county argues that nondisclosable information includes income statements required for senior citizens, business owners and some owners to claim tax exemptions, and information that would identify the addresses of crime victims, among others.

Hurlbert said in court filings that he runs a company that gathers property ownership records for banks and title companies.

Terry Austin, the chief civil deputy for the county prosecutor's office, said county attorneys and Ken Harper, the private Yakima attorney managing the case for the county, would have to meet with Assessor Dave Cook before deciding how to proceed.

In June 2006, Hurlbert filed a request with the assessor's office for "real property assessment data for the county."

Cook referred him to the office's Web site, but it only allows searching by parcel instead of allowing users to download a database file, as some other Washington counties do. Yakima County has more than 98,000 property parcels.

Lust ruled that the assessor did not act in bad faith when he declined to disclose the database. He said he was sensitive to the fact that Cook was waiting for clarification on legal requirements regarding disclosure of the database.

However, Michelle Earl-Hubbard, the attorney representing Hurlbert, said she may challenge parts of the judge's ruling regarding exemptions about whose information can be disclosed and whether the county must pay a penalty for withholding the records.

Earl-Hubbard and her Allied Law Group routinely argue open-government cases for media outlets around the state, including the Yakima Herald-Republic.

Harper said the assessor's records may include details about crimes affecting property value, such as arson, which he suggested would bar disclosure.

The penalty issue would also need to be argued before Lust, Harper said.