The Tracy Press reports that its lawsuit seeking the e-mails of a city councilwoman was thrown out by an appeals court because the paper failed to name the councilwoman as a defendant in its action. Said Tracy Press Publisher Bob Matthews:

“It’s too bad we lost on a technical issue. It was our mistake, and thus the higher court’s hands were tied … This city is no friend of open government — it simply conflicts too much with their back-room deal-making agenda. As silly as it may be, I suppose [Tracy City Councilwoman Suzanne} Tucker and others could feel emboldened by this outcome.”

Despite the dismissal, the court decided the Press’ suit was not “frivolous,” as the city claimed. The justices also denied the city’s request that the Press pay both its court and attorney fees.