Town of Kearney

The Ombudsman received a complaint alleging that the Town of Kearney improperly held a closed special meeting of council on August 25, 2010 and that prior notice of the meeting had not been given. In closing the meeting to the public, the Town of Kearney relied on the litigation or potential litigation exception to discuss a rezoning application. The Ombudsman found that the Town provided advance notice of the August 25, 2010 special meeting, in accordance with the Town's procedure by-law. However, the Ombudsman found that council lacked the degree of certainty necessary to make the potential for litigation a reasonable prospect. Therefore, the matter did not fit within the litigation or potential litigation exception.

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