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County legal counsel flags FOIA/GIS access disputes and limited evidence preservation notice

Midland County Board of Commissioners — Executive Committee · June 16, 2026
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Summary

The county’s legal advisor reported an uptick in FOIA requests involving GIS data under enhanced‑access rules, some requesters refusing to pay fees and raising potential litigation; he also said a notice to preserve evidence returned limited responsive records and that a pending Supreme Court decision could affect related legal exposures.

Bill gave a short legal update that covered three items: FOIA requests related to GIS data, a notice to preserve evidence, and a pending U.S. Supreme Court matter.

On FOIA he said the county has received numerous requests — some commercial in nature — seeking GIS information under the enhanced‑access framework. "Some of which are unique and some of the unique ones are always difficult," Bill said, describing at least one requester who "[did] not want to pay a nickel for his commercial use of that information," which could prompt litigation if the parties disagree about permissible fees.

Bill also said the county received a notice to preserve evidence but that the county's holdings were limited; there was no plan to destroy existing records and the county has preserved what it has.

Finally, Bill said the county is awaiting a decision from the U.S. Supreme Court in a matter referred to as "Pong," which could have downstream effects on local litigation. He described the current posture as uncertain but not immediately threatening.

No formal legal action or settlement was reported at the meeting; commissioners heard the update and asked no formal motions on the items.