State Records Committee Appeal 94-04

DESERET NEWS vs.
UNIVERSITY OF UTAH

DECISION AND ORDER, CASE No 94-04

By this appeal, Appellant, the Deseret News, seeks an order compelling the University of Utah to release to it records appellant described in its records request as follows:

Documents relating to amount of licensing fee and royalty in licensing University of Utah-developed "cold fusion" rights; documents relating to the cost to the University of Utah of developing "cold fusion" technology since Jan. 1, 1989. Documents requested include, but are not limited to, the following: information relating to the sale price, licensing fee or royalty to be paid to the University of Utah arising from the ENECO transaction; information about the cost to the university of research aimed at developing "cold fusion" technology.

Appellant appeared personally through employee/staff writer Joseph M. Bauman at the hearing held March 23, 1994. Appellee appeared at the hearing through counsel, Karen W. McCreary.

The State Records Committee, having reviewed the written materials submitted by the parties, and having heard the testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is denied and the appellee's withholding of the records is affirmed on the basis of Utah Code Ann. 53B-16-302 and Utah Code Ann. 63-2-304(2).

ORDER

WHEREFORE, IT IS ORDERED that appellant's appeal is denied.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 & 502(7). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 29th day of March, 1994.

MAX J. EVANS,
Chair, State Records Committee