Mark J. McBurney and Roger W. Hurlbert, Petitioners
Deepka Gupta, Counsel of Record
Mark J. McBurney is a Rhode Islander and former Virginia resident who wanted information from the Commonwealth of Virginia regarding child support obligations owed by his former wife. Roger W. Hurlbert is a California resident who operates a business that obtains property records from State and local governments and sells them to his clients. Both McBurney and Hurlbert filed requests under the Virginia Freedom of Information Act (VFOIA) but were denied by the Commonwealth because they were not Virginia residents. McBurney and Hurlbert both filed suit against Virginia, contending that the VFOIA’s residency requirement violated the Privileges and Immunities Clause…