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Judge asked to take second look at Rappahannock library FOIA lawsuit

by | Sep 5, 2026

focus on hammer, group of files on judge table covered with dust - concept of pending old cases or work at judicial court.
(Courtesy/Adobe Stock)

Attorney says court ruling left issues unaddressed

A Circuit Court judge was asked Monday to reconsider his decision allowing the Rappahannock County Public Library Board of Trustees to withhold draft lease documents and hold closed-door meetings on the potential relocation of the library. 

Attorney David Konick — representing several Rappahannock residents in a Freedom of Information Act suit against the board — filed the request alleging the judge’s ruling was too narrow. 

Konick argued that the opinion did not address other points raised in the lawsuit, like whether the board’s announcement of what it will discuss in closed sessions is specific enough, whether some documents could have been released in redacted form and if the board’s negotiating committee broke the law by keeping no minutes of its meetings.

“Petitioners respectfully note their objections/exceptions to the court’s ruling,” the motion said. “And pray the court to reconsider, clarify and amend its August 27th memorandum opinion in whole or in part.”

The motion was in response to an opinion Judge Thomas Horne issued last Thursday, siding with the library board, saying the board was within its rights not to release draft lease documents and to hold closed-door meetings on negotiations for the potential lease. 

“The court having considered the evidence and the arguments made, and further, having reviewed the information furnished, in camera, finds by a preponderance of the evidence that information furnished to the court and sought by the petitioner is excluded from mandatory disclosure under VFOIA,” the judge wrote in his brief one-page opinion. “Accordingly, the relief sought by the petitioners is denied.”

The decision came just hours before the board’s meeting last week, where members pledged to be transparent with the public and to release the final draft of the lease for comment before deciding whether to move the library. 

Konick had requested a copy of the draft lease, meeting minutes and other records related to negotiations with Black Kettle LLC, the developer overseeing the Rush River Commons project, where a new library could be constructed — a request which was denied by the board. 

In an Aug. 10 court hearing, Konick argued the documents are not exempt under FOIA and should be released — at minimum, in redacted form — to him and his clients.

Jeremy Capps, representing the library board, countered that the board is exempt from releasing documents tied to active negotiations, arguing public disclosure could jeopardize its bargaining position.

“I think this is a matter of law,” Capps told the judge at the time. “The draft agreement is properly withheld under FOIA.”

Author

  • Ireland Hayes

    Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner.
    Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.
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By Ireland Hayes

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Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner. Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.