Mr. John M. Murray
Donald E. Reid, Esquire
January 18, 1995
Page 2

The complainant stated that the Board has denied his informal request for information. In his November 15, 1994 complaint the complainant requested the following information:

Subsequent to receiving the complaint this office requested and the parties complied with an informal letter memoranda briefing schedule. For the reasons which follow, this office finds that the Board is not a public body within the meaning of 29 Del. C. §10002(a) and therefore it does not fall within the provisions of the Freedom of Information Act, 29 Del. C. Ch. 100.

The Board correctly points out that the definition of public body as it appears in 29 Del. C. §10002 was amended as a result of the Delaware Supreme Court's decision in Delaware Solid Waste Authority v. News Journal, Del. Supr., 480 A.2d 628, 632 (1984). The definition of public body as it appears in the current version of §10002(a) is as follows:

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