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Opinion Letter No. 89-10
December 12, 1989
Settlement Agreements; Aloha Stadium Litigation
Under the UIPA's frustration of legitimate government
function exception, the Department of the
Attorney General may withhold access to settlement agreements in
the Aloha Stadium litigation where
the State has entered into settlements with fewer than all the defendants.
Under these circumstances,
the disclosure of settlement agreements between the State and settling
defendants would give a
manifestly unfair advantage to the non-settling defendants. Once
the litigation is concluded, however,
all the settlement agreements must be publicly available.
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