On October 20, 2011, the Michigan Court of Appeals published opinion, Hopkins v Township of Duncan answered a question that has long baffled public offices when responding to private citizens' FOIA requests.

The Court held that handwritten notes of a township board member taken for his personal use, not circulated among other board members, not used in the creation of the minutes of any of the meetings, and retained or destroyed at his sole discretion, are not public records subject to disclosure under FOIA.

The case  started after a private citizen asked the Township to release the hand written notes taken by its officers during a public meeting held in accordance with OMA.