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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  July 1996

96-IB26: Re: Freedom of Information Complaint Sussex County Council

The Complainant alleged that a number of Sussex County Council members visited a manufactured housing facility in Pennsylvania, possibly in violation of the Freedom of Information Act. The Complainant alleged that a quorum of County Council members toured the facility. The Council stated that attendance was voluntary and a quorum was not present. Held: the group touring the facility was not a public body because they were not appointed as a committee by the Council, attendance was voluntary and there was no indication that any report or recommendation was made to the Council by the members who attended.

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96-IB25: FOIA-Town of Camden/Camden Town Council-Public Hearing of December 5, 1995

One requestor sought clarification as to whether AG Opinion 96-IB19 required the Town of Camden to re-notice and hold another public hearing in compliance with the Freedom of Information Act. Two other requestors sought reconsideration of that opinion. Held: the Office need not reconsider the facts of the earlier opinion, however will reconsider solely with respect to whether remediation in the form of de novo review was appropriate or necessary. Also, the Camden Town Council, as the elected representatives of the citizens of Camden, was in the best position to weigh the consequences to the local community in deciding whether to re-notice a public hearing on the re-zoning proposal.

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96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office

The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.

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96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office

The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.

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