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As part of his work, Eric Griego has long relied on the state's public records law to obtain property records such as deeds, liens and mortgage information.

When then the flow of public information started drying up, he sued the state in 2006, saying it was violating the law by maintaining that the documents are confidential.

In District Court in Albuquerque today, Judge Valerie Huling ruled that the documents Griego is seeking are indeed public.

"What I've seen here is just research by the department into public records - nothing that is protected," Huling said during a hearing on several motions in the case.

Griego and his lawyers, as well as attorneys for the New Mexico Foundation for Open Government, applauded the decision.

"We thought they were public all along," said one of Griego's attorneys, Michael Danoff.

Lawyers for the state disagreed with the ruling and said they will consider their next move. A hearing on damages to be awarded to Griego has not been set.

In his work with a title company and as a private investigator, Griego - who shares the same name but is not the former Albuquerque city councilor - has obtained copies of various New Mexico property records since the early 1980s.

Griego says the state's Taxation and Revenue Department in 2002 started delaying or ignoring his requests for information relating to properties with delinquent taxes. In 2005, he says, the department began denying his requests for information.

Griego sued the state in April 2006 for the records. In addition to the information, Griego also seeks attorneys fees and $100 per day he didn't get the documents.

Since then, Griego and his attorneys as well as lawyers for the state have been in court myriad times, arguing over the release of the information, which the state says is confidential. They came close to settling the case last month.

Griego wants access to information managed by the department's Delinquent Property Tax Bureau, including deeds and liens.

The bureau compiles information about properties with delinquent property taxes, then notifies people with an interest in the property about the sale and possible money owed them.

Griego uses the information to recover money from the sale of delinquent properties for the heirs of former owners, for example, who are entitled to the difference between the delinquent tax amount and the amount the property sold for. The money otherwise would go to the state. He also works to correct defects in property titles.

Pat Rogers, an attorney representing the Foundation for Open Government, which joined the lawsuit, argues that the information is public. Other people from title search companies are receiving the documents Griego is seeking, he said.

"These are documents we believe clearly are public, before, during and after possession by the Taxation and Revenue Department," Rogers said.

The department's chief counsel, Carolyn Wolf, said the department was simply following state statute.

"The information they receive from taxpayers and the information they receive in the examination of property is confidential," she said.

Employees who disclose nonpublic information are subject to fines and punishment including being prohibited from working for the state for five years - a chance the department isn't willing to take, Wolf said.

Rogers acknowledged that the state statute has exemptions for records that aren't public. However, the documents Griego is seeking are not among them, Rogers said.

As to Rogers' and Griego's claim that Griego should get the records now because he has received them in the past, attorneys for the department said that was irrelevant.