ntrMlackan Davin M. Bunkory HY] HunterMaclean tern oon et uhan Stet ae March 13, 2023 VIA EMAIL Jennifer Colangelo, Esq. senior Assistant Attorney General Georgia Department of Law 40 Capitol Square, SW Atlanta, GA 30334-1300 RE: Kevin Lang’s Open Records Act Request to Camden County Dear Ms. Colangelo: On behalf of Camden County, | write in response to your March 3, 2023 letter regarding the Georgia Open Records Act ("GORA") request submitted by Kevin Lang to the County on February 9. 2023. Your letter refers to my February 13, 2023 letter in response to Mr. Lang and questions the applicability of O.C.G.A. § 50-18-72(a)(9) (“real estate exemption”) as well as the lawsuit pending in Camden County Superior Court captioned One Hundred Miles ». Camden County, Georgia, et al.. No. SUCV2019000153 (“Lawsuit”). As you may know, the plaintifY in the Lawsuit, One Hundred Miles, submitted GORA requests to Camden County that encompassed, among other materials, communications between and among Steve Howard, Andrew Nelson and John Simpson related to the Spaceport Camden project. Mr Lang’s February 9, 2023 GORA request lik $s communications between and among Messrs. Howard, Nelson and Simpson. At issue suit is the applicability of various GORA exemptions to the documents sought by the plaintiff, including applicability of the real estate exemption and other exemptions to the same documents sought by Mr. Lang in his February 9, 2023 letter. At the Court's request. in March 2022. the County submitted an in camera log of more than 20,000 responsive communications along with comesponding applicable exemptions. In a series of orders, the Court has indicated that it will review the log and ultimately make a ruling regarding the asserted exemptions, The County's position has been that the real estate exemption applies to Spaceport-related communications and other documents for so long as the County’s acquisition of real estate for the project remained pending. In the Lawsuit, the Court ultimately stayed its consideration of the parties” positions until a ruling by the Georgia Supreme Court in Camden County v. Sweatt, et al., which concerned the question of whether the County: was or was not authorized to close on the proposed Spaceport property. In a July 21, 2022 Order, Judge Searlett directed the County to inform the Court ‘once a ruling was reached in Sweatt. On February 8. 2023, the County so informed the Court, attaching a copy of the Georgia Supreme Court's February 7, 2023 decision. In my letter response to Mr. Lang, 1 informed him that the County had done so and that the County was awaiting further instruction from the Court.Jennifer Col Mareh 13, 2 As reflected above, the issues under consideration by the Court in the Lawsuit thus bear directly ‘on Mr, Lang's February 9, 2023 reque: The County has separately been involved in other litigation with Union Carbide, owner of the proposed Spaceport property. regarding the County's purchase of that property, See Camden County v. Union Carbide Corporation, $.D. Ga. No. 2: -00077-L.GW-BWC. Alier issuance of the Supreme Court's recent opinion in Sweatt, the County analyzed its position regarding the pendency of the real estate acquisition and determined that it would no longer pursue its claims to enforce the purchase and sale agreement between the County and Union Carbide. ‘The County so informed the federal district court on February 24, 2023. (Dkt. 55), In light of the foregoing, | am now authorized to convey that the County will no longer assert the real estate exemption in response to Mr. Lang's February 9, 2023 requests. In connection with its preparation of the log discussed above. the County identified certain communications between Messt. Howard, Nelson and Simpson that would be responsive to Mr. Lang’s requests, some of which were withheld from production to One Hundred Miles based solely on the real estate exemption. ‘The County is processing those documents and will produce them to Mr. Lang. Other logged communications between Messrs. Howard, Nelson and Simpson have been identified as exempt under other GORA exemptions. The applicability of those exemptions to those documents remains subject to the Court's, determination in the Lawsuit ‘The County responsive to Mr. also currently assessing whether it has other communications that may be "s requests, separate and apart from those already identified in the Lawsuit. Given the extensive work involved with searching for, reviewing, and making privile determinations with respect to Spaceport Camden documents, the County has reserved its rights, both in the Lawsuit and otherwise, to seck recovery of associated fees and costs from requesting parties, which would include Mr. Your letter references potential redaction of responsive documents that contain GORA-exempt information; to the extent that work becomes necessary and requires attorney or other review time, the County reserves its right to seek the associated costs from Mr. La prior to any production Pleaye let me know if you have additional questions. Iam copying Mr. Lang on this letter as M. Burkott Ce: John S. Myers, Esq. Kevin Lang. Esq, 4885-741 4-8181