§92-12  Enforcement.  (a)  The attorney general and the prosecuting attorney shall enforce this part.

     (b)  The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.

     (c)  Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body.  The court may order payment of reasonable attorney fees and costs to the prevailing party in a suit brought under this section.

     (d)  The proceedings for review shall not stay the enforcement of any agency decisions; but the reviewing court may order a stay if the following criteria have been met:

     (1)  There is likelihood that the party bringing the action will prevail on the merits;

     (2)  Irreparable damage will result if a stay is not ordered;

     (3)  No irreparable damage to the public will result from the stay order; and

     (4)  Public interest will be served by the stay order. [L 1975, c 166, pt of §1; am L 1985, c 278, §5]

 

Case Notes

 

  Entitles "any person" to "commence a suit in the circuit court of the circuit in which a prohibited act occurs", regardless of the person's participation in any proceeding.  74 H. 365, 846 P.2d 882.

  Award of attorneys' fees under subsection (c) intended to apply where citizen prevails against government; prevailing defendant private party thus not entitled to attorneys' fees under this subsection.  86 H. 132, 948 P.2d 122.