Case: 25CH1:15-cv-001262

Document #: 9

Filed: 10/06/2015

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IN THE CHANCERY COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

IN RE:

PETITION OF RENAISSANCE AT COLONY PARK, LLC

FOR PROTECTIVE ORDER PREVENTING DISCLOSURE
OF DOCUMENTS

CIVIL ACTION NO. G-2015-1262 S/2

MOTION FOR IN CAMERA REVIEW

COMES NOW, Renaissance at Colony Park, LLC (Renaissance and Petitioner), by

and through its attorneys, and files this its Motion for In Camera Review, as follows:
1.

The Clarion-Ledger has moved to intervene and vacate this Courts Protective

Order. See Motion to Intervene and Vacate Protective Order [Doc. No. 4]. Renaissance filed a
Response in Opposition to the Motion to Intervene and Vacate Protective Order [Doc. No. 8],
which sets forth the events that have led to and necessitated Renaissances filing of the present
motion. See Doc. No. 8 at Factual Background.
2.

Renaissance seeks this Courts in camera review of the Renaissance Application

and supporting attachments in order to obtain a determination that all such client information
concerning the development project is exempt from the Public Records Act under Miss. Code
Ann. 57-1-14(1) for two years from the date of receipt by MDA; that all confidential client
information submitted to MDA is exempt from the Public Records Act under Miss. Code Ann.
57-1-14(2) during the period of the MDAs consideration of the project, up to one year after
approval/disapproval/abandonment; and/or that information submitted to MDA constitutes
commercial and financial Information of a proprietary nature and records containing trade secrets

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or confidential commercial or financial information and, as such, is exempt from the Public
Records Act pursuant to Miss. Code Ann. 25-61-9 and 79-23-1.
Renaissances Application is Exempt from the Public Records Act under 57-1-14.
3.

Renaissance submitted an application for a proposed development, the

Renaissance Mississippi Retail and Art Development pursuant to the Mississippi Tourism Tax
Rebate Program (Development Project). Renaissance would show unto the Court that the
Renaissance Application contains proprietary information concerning the development project.
As such, Section 57-1-14(1) exempts the entire Application from the Public Records Act, which
exempts any agency records that contain client information concerning development projects.
4.

Additionally, Section 57-1-14(2) exempts from the Public Records Act

[c]onfidential client information during the period of review and negotiation on a project
proposal and up to one (1) year after approval, disapproval or abandonment of the project.
Thus, confidential client information contained within the Renaissance Application is exempt
from disclosure while MDA is considering the project and up to a period of one year afterwards.
5.

Thus, Renaissance seeks this Courts in camera review of the Renaissance

Application in order to determine that the information contained within is exempt from the
Public Records Act under both subsections of 57-1-14 until at least December 23, 2015 (two
years following submission) and, potentially, longer, depending on how long it takes the agency
to approve or disapprove the Development Project.

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Renaissances Confidential Commercial or Financial Information

6.

Renaissance would show unto the Court that certain portions of the Renaissance

Application are exempted from the coverage of the Mississippi Public Records Act, as provided
in Miss. Code Ann. 25-61-9(1):
[r]ecords furnished to public bodies by third parties which contain
trade secrets or confidential commercial or financial information
shall not be subject to inspection, examination, copying or
reproduction under this chapter until notice to said third parties has
been given, but such records shall be released within a reasonable
period of time unless the said third parties shall have obtained a
court order protecting such records as confidential.
In addition, these portions of the Renaissance Application are trade secrets, pursuant to Miss.
Code Ann. 79-23-1, which provides:
Commercial and financial information of a proprietary nature
required to be submitted to a public body, as defined by paragraph
(a) of Section 25-61-3, by a firm, business, partnership,
association, corporation, individual or other like entity, shall be
exempt from the provisions of the Mississippi Public Records Act
of 1983. . . .
7.

The Renaissance Application includes the following documents:

Renaissance 001

Tourism Application Colony Park, Ridgeland, MS

Gouras & Associates Cover Sheet

Renaissance 002

Check from Renaissance at Colony Park, LLC for

$5,000 (MDA fee)

Renaissance 003

MS Tourism Rebate Program Renaissance MS Retail

and Art Development Applicant: Renaissance at
Colony Park, LLC (cover)
Renaissance Application for Mississippi Tourism Tax
Rebate Program p. 1
Federal Employer ID Number redacted
Renaissance Application for Mississippi Tourism Tax
Rebate Program p. 2

Renaissance 004

Renaissance 005

Renaissance 006

Renaissance Application for Mississippi Tourism Tax

Rebate Program p. 3
Estimated Investment in Estimated Costs Chart

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Renaissance 007

Renaissance 008

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redacted
Renaissance Application for Mississippi Tourism Tax
Rebate Program p. 4
Proposed Tourism Attraction Financing sources of
funds redacted
Renaissance Application for Mississippi Tourism Tax
Rebate Program p. 5

Renaissance 009

Renaissance Application for Mississippi Tourism Tax

Rebate Program
Certification of Application cover page

Renaissance 010

Renaissance Application for Mississippi Tourism Tax

Rebate Program p. 6
Certification of Application signed by Andrew Mattiace
Renaissance Application for Mississippi Tourism Tax
Rebate Program (MDA form)
p. 7
Listing of Attachments required to submitted with the
Application to Mississippi Tourism Incentive Program
Business Plan
Business Financial Information:
Renaissance MS Retail and Art Development
Pro-Forma
Marketing Plan
Sales Tax
Revenue Subject to MS Sales Tax
Revenue by Categories
Local Government Support

Renaissance 011

Renaissance 012 - Renaissance 015

Renaissance 016 - Renaissance 018

Renaissance 019 - Renaissance 020

Renaissance 021 - Renaissance 023

Renaissance 024 - Renaissance 025

Renaissance 026 - Renaissance 036

8.

Additional Material
Structure/Renaissance at Colony Park, LLC
Renaissance brochure
Belhaven University demographic study
Neel-Schaffer Independent Study

Renaissance would show unto the court that information that it provided in its

Application: (a) Renaissances Federal Tax ID number (Renaissance 004), (b) the Estimated
Investment Figures (Renaissance 006), and (c) Financing Sources (Renaissance 007), constitute
trade secrets or confidential commercial or financial information within the meaning of Miss.
Code Ann. 25-61-9(1) and Commercial and financial information of a proprietary nature as
provided in Miss. Code Ann. 79-23-1. See Exhibit A (Privilege Log).
4

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9.

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Furthermore, Renaissance also submitted several documents in support of its

Application, namely, its Business Plan (Renaissance 012 Renaissance 015), Business Financial
Information (Renaissance 016 Renaissance 018), Marketing Plan (Renaissance 019
Renaissance 020), Sales Tax Information (Renaissance 021 Renaissance 023) and Additional
Material, which includes the Structure of Renaissance at Colony Park, LLC (Renaissance 027),
Renaissance at Colony Park Existing and Future Tenants (Renaissance 030), the Belhaven
University Demographic Study (Renaissance 31 Renaissance 34) and the Neel-Schaffer
Independent Study (Renaissance 035 Renaissance 036), all of which constitute trade secrets or
confidential commercial or financial information within the meaning of Miss. Code Ann. 2561-9(1) and Commercial and financial information of a proprietary nature as provided in Miss.
Code Ann. 79-23-1. See Exhibit A.
10.

The Chancery Court has the authority to receive the documents at issue under seal

and review them in camera to determine whether the information at issue is exempt from
disclosure pursuant to Miss. Code Ann. 57-1-14, 25-61-9 and 79-23-1. See, e.g., Caldwell &
Gregory, Inc. v. University of Southern Mississippi, 716 So. 2d 1120, 1121 (Miss. Ct. App.
1998); see also Mississippi State University, et al. v. People for the Ethical Treatment of
Animals, 992 So. 2d 595, 603 (Miss. 2008).
WHEREFORE, PREMISES CONSIDERED, Renaissance at Colony Park, LLC prays
that this Honorable Court will receive the Renaissance Application under seal and review those
items listed by Renaissance in its Privilege Log in camera; and
RENAISSANCE FURTHER PRAYS, that upon consideration of the items in question
and the testimony of the Petitioner that this Honorable Court will continue the Protective Order
and Amended Protective Order previously entered in this matter and enter a final judgment

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finding that the materials designated by Renaissance in its Privilege Log are exempt from
disclosure under the Mississippi Public Records Act of 1983, pursuant to the authority of Miss.
Code Ann. 57-1-14, 25-61-9(1) and 79-23-1.
Respectfully submitted, this 6th day of October, 2015.
RENAISSANCE AT COLONY PARK, LLC

/s Amanda J. Tollison
Mark W. Garriga (MSB #4762)
Amanda J. Tollison (MSB #10313)
ATTORNEYS FOR RENAISSANCE AT
COLONY PARK, LLC

OF COUNSEL:
BUTLER SNOW, LLP
Post Office Box 6010
Ridgeland, MS 39158-6010
Telephone: 601-948-5711
Fax: 601-985-4500

Case: 25CH1:15-cv-001262

Document #: 9

Filed: 10/06/2015

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CERTIFICATE OF SERVICE
I, Amanda Jones Tollison, do hereby certify that I have this date electronically filed the
above and foregoing document with the Clerk of the Court using the ECF system which sent
notification of such filing to those who have entered appearances in this matter and registered for
ECF filing.
This the 6th day of October, 2015.
/s Amanda Jones Tollison______________
Amanda Jones Tollison

ButlerSnow 28070140v3