Motion For in Camera Review (02168129) - 1

Case: 25CH1:15-cv-001262
Document #: 9
Filed: 10/06/2015
Page 1 of 7
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
Case: 25CH1:15-cv-001262
Document #: 9
Filed: 10/06/2015
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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.
Case: 25CH1:15-cv-001262
Document #: 9
Filed: 10/06/2015
Page 3 of 7
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
Rebate Program p. 2
Renaissance 004
Renaissance 005
Renaissance 006

Rebate Program p. 3
Estimated Investment in Estimated Costs Chart
Case: 25CH1:15-cv-001262
Renaissance 007
Renaissance 008
Document #: 9
Filed: 10/06/2015
Page 4 of 7
redacted
Rebate Program p. 4
Proposed Tourism Attraction Financing sources of
funds redacted
Rebate Program p. 5
Renaissance 009

Rebate Program
Certification of Application cover page
Renaissance 010

Rebate Program p. 6
Certification of Application signed by Andrew Mattiace
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



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
Case: 25CH1:15-cv-001262
9.
Document #: 9
Filed: 10/06/2015
Page 5 of 7
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
Case: 25CH1:15-cv-001262
Document #: 9
Filed: 10/06/2015
Page 6 of 7
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
Page 7 of 7
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

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Case: 25CH1:15-cv-001262

IN THE CHANCERY COURT OF HINDS COUNTY, MISSISSIPPI

PETITION OF RENAISSANCE AT COLONY PARK, LLC

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

MOTION FOR IN CAMERA REVIEW

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

Renaissance seeks this Courts in camera review of the Renaissance Application

Renaissance submitted an application for a proposed development, the

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

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

Renaissances Confidential Commercial or Financial Information

The Renaissance Application includes the following documents:

Tourism Application Colony Park, Ridgeland, MS

Check from Renaissance at Colony Park, LLC for

MS Tourism Rebate Program Renaissance MS Retail

Renaissance Application for Mississippi Tourism Tax

Renaissance Application for Mississippi Tourism Tax

Renaissance Application for Mississippi Tourism Tax

Renaissance 012 - Renaissance 015

Renaissance 019 - Renaissance 020

Renaissance 024 - Renaissance 025

Furthermore, Renaissance also submitted several documents in support of its

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