Fairhurst, J. (concurring) — I concur with the majority’s holding, except for dicta that leaves open the question of whether the trial court has the discretion to assess penalties on a per record basis or to treat multiple requests as a single request. Majority at 436 nn. 9, 10.1 would hold that the proper focus of the penalty analysis is the “request.” After determining the number of days that the agency has denied a request…
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