FOIA response is deemed adequate; identification of work product privileged document did not require disclosure of its content

Holzman Corkery, PLLC sued the Macomb Interceptor Drainage District for a more complete response to its Freedom of Information Act request.  It objected to the Drainage District's failure to produce documents subject to the "pending litigation exemption" and argued that identification of an engineering report which the District refused to produce waived the exemption.

The Court of Appeals ruled that regardless of whether the Drainage District or its counsel commissioned the report, it was directly related to ongoing litigation, and therefore subject to the exemption.  The Court also held that the privilege against disclosure of the content of the report was not waived by the District's identificiation of the document.