Ky. Rev. Stat. » Chapter 61
Kentucky Revised Statutes

Ky. Rev. Stat. § 61.882 (2026)

Jurisdiction of Circuit Court in action seeking right of inspection -- Burden

✓ current as of May 2026
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of proof -- Costs -- Attorney fees.

(1) The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, by injunction or other appropriate order on application of any person.

(2) A person alleging a violation of the provisions of KRS 61.870 to 61.884 shall not have to exhaust his remedies under KRS 61.880 before filing suit in a Circuit Court.

(3) In an appeal of an Attorney General's decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the court shall determine the matter de novo. In an original action or an appeal of an Attorney General's decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the burden of proof shall be on the public agency. The court on its own motion, or on motion of either of the parties, may view the records in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.

(4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.

(5) Any person who prevails against any agency in any action in the courts regarding a violation of KRS 61.870 to 61.884 may, upon a finding that the records were willfully withheld in violation of KRS 61.870 to 61.884, be awarded costs, including reasonable attorney's fees, incurred in connection with the legal action. If such person prevails in part, the court may in its discretion award him costs or an appropriate portion thereof. In addition, it shall be within the discretion of the court to award the person an amount not to exceed twenty-five dollars ($25) for each day that he was denied the right to inspect or copy said public record. Attorney's fees, costs, and awards under this subsection shall be paid by the agency that the court determines is responsible for the violation. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 163, sec. 7, effective July 14, 1992. -- Created 1976 Ky. Acts ch. 273, sec. 7.

Notes of Decisions
Cited in 66 cases (19 in the last 5 years), 1982–2026 · leading case: Cabinet for Health & Fam. Servs. v. Courier-Journal, Inc., 493 S.W.3d 375 (Ky. Ct. App. 2016).
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Cabinet for Health & Fam. Servs. v. Courier-Journal, Inc., 493 S.W.3d 375 (Ky. Ct. App. 2016). · cites it 32× “On January 27, 2011, the Courier-Journal and the Herald-Leader filed a complaint against the Cabinet in the Franklin Circuit Court under KRS 61.882. 4 The Courier-Journal and the Herald-Leader claimed that the Cabinet violated the Open Records Act by denying their open records…”
City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842 (Ky. 2013). · cites it 9× “After an unsuccessful appeal to the Attorney General, the Enquirer brought the present action pursuant to KRS 61.882. The Campbell Circuit Court upheld the City’s denial of the newspaper’s request, but the Court of Appeals, upon its review of the matter, disagreed.”
Bowling v. Lexington-Fayette Urban Cnty. Gov't, 172 S.W.3d 333 (Ky. 2005). · cites it 9× “KRS 61.882. Appellant also sought an evidentiary hearing, pursuant to KRS 61.”
Lawson v. Off. of the Attorney Gen., 415 S.W.3d 59 (Ky. 2013). · cites it 5× “2d at 575 , we observed that by extending the KRS 61.882 cause of action to “any person,” the General Assembly had also granted those “who seek to prevent disclosure .”
Util. Mgmt. Grp., LLC v. Pike Cnty. Fiscal Court, 531 S.W.3d 3 (Ky. 2017). · cites it 4× “880 followed by a judicial remedy pursuant to KRS 61.882. In subsection (5) of the judicial appeal statute, the General Assembly provided for the recovery of costs and attorney fees by a requester who successfully pursues an Open Records Act appeal.”
Lang v. Sapp, 71 S.W.3d 133 (Ky. Ct. App. 2002). · cites it 11× “880(5)(a) and KRS 61.882(1), Lang filed an appeal from the OAG’s decision with the circuit court.”
Beckham v. Bd. of Educ. of Jefferson Cty., 873 S.W.2d 575 (Ky. 1994). · cites it 3× “KRS 61.882 contains five subsections and undoubtedly sub-sections (2) through (5) provide remedies in the event disclosure is denied.”
Cent. Kentucky News-Journal v. George, 306 S.W.3d 41 (Ky. 2010). · cites it 6× “882(4), and that it is the burden of the agency resisting disclosure to sustain its action, KRS 61.882(3), this Court has, indeed, held that certain information may be exempt under the Act where "it is the type of information about which the public would have little or no…”
Commonwealth, Cabinet for Health & Fam. Servs. v. Lexington H-L Servs., Inc., 382 S.W.3d 875 (Ky. Ct. App. 2012). · cites it 10× “Such intervention is permitted by KRS 61.882(2), which provides that "[a] person alleging a violation of the provisions of KRS 61.”
Kentucky Bd. of Examiners of Psychologists v. Courier-Journal & Louisville Times Co., 826 S.W.2d 324 (Ky. 1992). · cites it 3× “] 3 Relevant to the proper application of the rule and the exception are KRS 61.882(3), which provides that an agency resisting disclosure has the burden of proof to sustain its action, and KRS 61.”
Univ. of Ky. v. Lexington H-L Servs., Inc., 579 S.W.3d 858 (Ky. Ct. App. 2018). · cites it 3× “He or she may, under KRS 61.882, file an original action in the Circuit Court seeking injunctive and/or other appropriate relief.”
Cape Publications, Inc. v. Univ. of Louisville Found., Inc., 260 S.W.3d 818 (Ky. 2008). · cites it 4× “The Courier-Journal filed suit in the Jefferson Circuit Court pursuant to KRS 61.882. Following cross-motions for summary judgment, the Jefferson Circuit Court entered two orders.”
Show all 66 citing cases →
— Ky. Rev. Stat. § 61.882(1) — 12 cases
Lawson v. Off. of the Attorney Gen., 415 S.W.3d 59 (Ky. 2013). “2d at 575 , we observed that by extending the KRS 61.882 cause of action to “any person,” the General Assembly had also granted those “who seek to prevent disclosure .”
Beckham v. Bd. of Educ. of Jefferson Cty., 873 S.W.2d 575 (Ky. 1994). “KRS 61.882 contains five subsections and undoubtedly sub-sections (2) through (5) provide remedies in the event disclosure is denied.”
Bowling v. Lexington-Fayette Urban Cnty. Gov't, 172 S.W.3d 333 (Ky. 2005). “KRS 61.882. Appellant also sought an evidentiary hearing, pursuant to KRS 61.”
Univ. of Louisville v. Sharp, 416 S.W.3d 313 (Ky. Ct. App. 2013).
Lexington-Fayette Urban Cnty. Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469 (Ky. 1997).
— Ky. Rev. Stat. § 61.882(2) — 6 cases
Commonwealth, Cabinet for Health & Fam. Servs. v. Lexington H-L Servs., Inc., 382 S.W.3d 875 (Ky. Ct. App. 2012). “Such intervention is permitted by KRS 61.882(2), which provides that "[a] person alleging a violation of the provisions of KRS 61.”
Univ. of Kentucky v. Lachin Hatemi, M.D. (Ky. Ct. App. 2021).
Kentucky Open Gov't Coalition, Inc. v. Kentucky Dep't of Fish & Wildlife Comm'n (Ky. Ct. App. 2023).
Becky Harilson in Her Off. Capacity as Acting Co-Dir. of the Kentucky Legislative Rsch. Comm'n v. Hon Phillip J. Shepherd Judge, Franklin Circuit Court (Ky. 2019).
Boone Cnty. Clerk Justin Crigler v. Christine McLaughlin (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 61.882(3) — 33 cases
City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842 (Ky. 2013). “After an unsuccessful appeal to the Attorney General, the Enquirer brought the present action pursuant to KRS 61.882. The Campbell Circuit Court upheld the City’s denial of the newspaper’s request, but the Court of Appeals, upon its review of the matter, disagreed.”
Bowling v. Lexington-Fayette Urban Cnty. Gov't, 172 S.W.3d 333 (Ky. 2005). “KRS 61.882. Appellant also sought an evidentiary hearing, pursuant to KRS 61.”
Hardin Cnty. Schs. v. Foster, 40 S.W.3d 865 (Ky. 2001).
Univ. of Ky. v. Lexington H-L Servs., Inc., 579 S.W.3d 858 (Ky. Ct. App. 2018). “He or she may, under KRS 61.882, file an original action in the Circuit Court seeking injunctive and/or other appropriate relief.”
Kentucky New Era, Inc. v. City of Hopkinsville, 415 S.W.3d 76 (Ky. 2013).
— Ky. Rev. Stat. § 61.882(4) — 10 cases
Bowling v. Lexington-Fayette Urban Cnty. Gov't, 172 S.W.3d 333 (Ky. 2005). “KRS 61.882. Appellant also sought an evidentiary hearing, pursuant to KRS 61.”
Cent. Kentucky News-Journal v. George, 306 S.W.3d 41 (Ky. 2010). “882(4), and that it is the burden of the agency resisting disclosure to sustain its action, KRS 61.882(3), this Court has, indeed, held that certain information may be exempt under the Act where "it is the type of information about which the public would have little or no…”
Kentucky Bd. of Examiners of Psychologists v. Courier-Journal & Louisville Times Co., 826 S.W.2d 324 (Ky. 1992). “] 3 Relevant to the proper application of the rule and the exception are KRS 61.882(3), which provides that an agency resisting disclosure has the burden of proof to sustain its action, and KRS 61.”
Palmer v. Driggers, 60 S.W.3d 591 (Ky. Ct. App. 2001).
Univ. of Kentucky v. Courier-Journal & Louisville Times Co., 830 S.W.2d 373 (Ky. 1992).
— Ky. Rev. Stat. § 61.882(5) — 31 cases
Cabinet for Health & Fam. Servs. v. Courier-Journal, Inc., 493 S.W.3d 375 (Ky. Ct. App. 2016). “On January 27, 2011, the Courier-Journal and the Herald-Leader filed a complaint against the Cabinet in the Franklin Circuit Court under KRS 61.882. 4 The Courier-Journal and the Herald-Leader claimed that the Cabinet violated the Open Records Act by denying their open records…”
Lang v. Sapp, 71 S.W.3d 133 (Ky. Ct. App. 2002). “880(5)(a) and KRS 61.882(1), Lang filed an appeal from the OAG’s decision with the circuit court.”
Util. Mgmt. Grp., LLC v. Pike Cnty. Fiscal Court, 531 S.W.3d 3 (Ky. 2017). “880 followed by a judicial remedy pursuant to KRS 61.882. In subsection (5) of the judicial appeal statute, the General Assembly provided for the recovery of costs and attorney fees by a requester who successfully pursues an Open Records Act appeal.”
Commonwealth, Cabinet for Health & Fam. Servs. v. Lexington H-L Servs., Inc., 382 S.W.3d 875 (Ky. Ct. App. 2012). “Such intervention is permitted by KRS 61.882(2), which provides that "[a] person alleging a violation of the provisions of KRS 61.”
City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842 (Ky. 2013). “After an unsuccessful appeal to the Attorney General, the Enquirer brought the present action pursuant to KRS 61.882. The Campbell Circuit Court upheld the City’s denial of the newspaper’s request, but the Court of Appeals, upon its review of the matter, disagreed.”
— Ky. Rev. Stat. § 61.882(8) — 1 case
Cape Publications v. City of Louisville, 147 S.W.3d 731 (Ky. Ct. App. 2004).
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