By Brenna R. Kelly
Enquirer staff writer

BURLINGTON - The Enquirer has asked a judge to order the city of Florence to release records that are part of the city's lease with the owners of the Florence Freedom minor league baseball team.

On Wednesday, Boone Circuit Judge Anthony Frohlich issued a restraining order to prevent the city from releasing the records, which detail Chuck and Connie Hildebrant's financial assets.

Chuck Hildebrant, one of the team's owners, asked for the restraining order after the newspaper requested the financial statements from the city.

An attorney for the Enquirer filed a motion Friday asking Frohlich to lift the restraining order and to direct the city to release the records.

A hearing is scheduled for Tuesday.

The city required the financial statements as part of the lease with Northern Kentucky Professional BaseballLLC, of which Hildebrant is a 20 percent owner, Dennis Buckley, the group's lawyer said Friday.

In the lease, both Chuck and Connie Hildebrant personally guaranteed that they had enough personal assets to cover the construction on the stadium, estimated to be $7 million to $8 million.

In the complaint filed Friday, the Enquirer said the financial statements are of public interest because the city based its decision to sign the lease and to "expend public funds to assist in construction of the stadium" on the records.

The city agreed to spend $1.6 million on parking and improvements to the stadium site. The city also issued $7 million in bonds to buy the 30-acre site.

Earlier this week, the city of Florence denied a request for the records, citing a privacy exemption in Kentucky's public records law.

In his motion, the Enquirer's attorney Paul Alley argues that the judge should not have issued a restraining order because they city had already denied the request.

When he asked the judge for the restraining order, Hildebrant's attorney, Andrew Schaeffer, said the city attorney told him the records were not exempt and that without a restraining order, the city would release the records to the paper.

Schaeffer also argued that the records "contain information that touches upon intimate and personal features of Mr. Hildebrant's private life."

Alley also argues that the financial records are of public interest because Northern Kentucky Professional Baseball LLC has violated the lease with the city.

Contractors have filed 19 liens against the team totaling $3.5 million. The liens violate the lease.

Because of Hildebrant's personal guarantee, he is responsible for paying the liens and completing the stadium, which is 80 percent built.

"Hildebrant's personal guarantee, the city's actions in accepting it, and the records as an inducement into the lease, are all matters of public concern," the complaint states.

Because he gave the records to a government in return for the government giving him the lease, "Hildebrant had no reasonable expectation of privacy," it states.

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E-mail bkelly@enquirer.com