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In re: The McClatchy Co., LLC, et al.
Filed May 23, 2024

The vote

5–2
Divided
7 of 7 justices participating
Dissent 2 justices Disagreed with the Court’s decision

Lineup parsed from the opinion and verified against the PDF.

Issue

Custodial law enforcement agency recordings—media request—release—initiation by petition versus complaint—legislative intent

Summary

In an action seeking the release of custodial law enforcement agency recordings (CLEAR) of a protest march pursuant to N.C.G.S. § 132-1.4A(g), media petitioners were not required to file a civil complaint rather than a petition to invoke the trial court's jurisdiction. Where the language in subsection (g) instructing anyone seeking release of CLEAR to file an "action" was not clear and unambiguous, statutory interpretation principles supported the conclusion that legislative intent allowed for such an action to be initiated by petition.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →

The record

DecisionAffirmed in Part, Reversed in Part, and Remanded
Docket29A23
CountyAlamance County