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City of Billings v. Peterson8/24/2004
in Article II, Section 9, of the Montana Constitution and discussed in Great Falls Tribune . Section 2-6-102, MCA, entitles citizens to inspect and copy public writings, with exceptions for constitutionally protected materials and certain statutorily protected materials. Section 2-6-104, MCA, provides that public records and other matters in the office of any public officer are open to public inspection during office hours, except as provided by law. In this regard, Peterson presents no argument regarding the application of §§ 2-6-102 and -104, MCA. Peterson's assertion of a violation of the constitutional right to know constitutes a change of legal theory from his earlier reliance on right to know statutes. As stated above, we do not address changes in legal theory on appeal. May , 15. Therefore, we decline to address Peterson's Great Falls Tribune argument.
We hold the District Court did not err in affirming the Municipal Court's denial of Peterson's discovery request to review Finnegan's file.
Affirmed.
KARLA M. GRAY
We concur:
JIM REGNIER
JAMES C. NELSON
JOHN WARNER
JIM RICE
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