In the Matter of a Complaint by FINAL DECISION


Jerry A. Walden,




against Docket #FIC 86-53


Planning and Zoning Commission of the Town of Chester and the Town of Chester,


Respondents April 9, 1986


The above-captioned matter was heard as a contested case on March 18, 1986, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record, the following facts are found:


1. The respondents are public agencies within the meaning of 1-18a(a), G.S.


2. In a Final Decision in FIC #85-97, Jerry A. Walden v. Planning & Zoning Commission of the Town of Chester and the Town of Chester, adopted on August 14, 1985, the Commission ordered the respondent commission to obtain copies of maps submitted in connection with the "Goss property kennel zoning application," which maps had at one time been in the possession of the respondent commission but which had subsequently been misplaced or lost.


3. On February 24, 1986 the complainant made inquiry of the respondent regarding the maps and was told that the maps had not been obtained.


4. By letter of complaint filed with the Commission on February 26, 1986 the complainant alleged that the respondent commission had failed to make an attempt to obtain the maps.


5.     The maps in question are within the possession and control of Ms. Cathy Carruthers, the current owner of the "Goss kennel." The respondent claims that an oral request for the maps has been directed to Ms. Carruthers but that she has refused access.


Docket #FIC 86-53 Page Two


The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.


1. The respondent shall, within one week of the final decision in this matter, direct a written request for the maps in question to Ms. Carruthers and shall, simultaneously, provide copies of such letter to the complainant and to the Freedom of Information Commission.


2. The Commission notes that failure to comply with an order of this Commission constitutes a class B misdemeanor and that such failure may result in the referral of the matter to the office of the State's Attorney for further action.


Approved by order of the Freedom of Information Commission at its regular meeting of April 9, 1986.


Karen J. Haggett

Clerk of the Commission