New Castle County – Civil Division
August 15, 1995
Del. Op. Atty. Gen. 95-IB25 (Del.A.G.), 1995 WL 794486
(determining that open records petition to the Attorney General was moot because the petitioner filed complaint with the Superior Court containing a count under FOIA)
Ms. Christine M. Auer
2081 Downs Chapel Road
Clayton, DE 19938
Re: Freedom of Information Act Complaint 29 Del. C. 10005(e)
Dear Ms. Auer:
This is the decision on the above complaint.
The operative facts are that on May 25, 1995, Christine M. Auer (the “Complainant”) filed a complaint pursuant to 29 Del. C. 10005(e) with this office. The complainant alleged that in a letter dated May 17, 1995 she sought the following information that was denied from New Castle County (the “County”):
1) records of any complaints, claims and injuries that refer to any child falling with or without being hurt at the playground area at Delcastle Sports Complex;
2) records pertaining to the internal investigation that was done when the complainant’s daughter (Amanda Auer) fell through a gap at the top of a slide platform on June 23, 1993 at the Delcastle Sports Complex;
3) information regarding once a piece of equipment (playground) is purchased and installed at a County park, who is responsible for making sure that it meets safety guidelines on a regular basis. That is, if New Castle makes an effort to do so.
Named as respondents in the complaint were the Honorable Dennis Greenhouse, County Executive, Mr. William Kapa, Director of Parks and Recreation, and Mr. Charles Fitzpatrick, Executive Assistant. The County was thereafter served the complaint by the Attorney General.
The County’s response to the complaint indicated that the Complainant’s request had not been denied. It further stated that the response was scheduled to be completed during the week of July 17, 1995.1 The County’s response also stated that the Complainant filed a pro se complaint in Superior Court containing a court alleging a violation of the Act. See, Christine M. Auer v. New Castle County, Del. Super., C.A. No. 95-06-221. Count II of the Complaint deals with the instant Freedom of Information Act violations. John F. Brady, Deputy Attorney General has reviewed the Court docket sheet to confirm these facts.
Since this matter now rests within the jurisdiction of the
Superior Court, the request for a determination of whether a violation of 29 Del. C. § 10005(e) by the Attorney General has or is about to occur is now moot. No further enforcement action is required by this office.
Very truly yours,
John K. Welch
Deputy Attorney General
John F. Brady
Deputy Attorney General
JKW/JFB/jb
Enclosure
cc:
Edward M. Danberg, Esquire
APPROVED:
Malcolm S. Cobin
Assistant State Solicitor

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