06-IB21 Re: Freedom of Information Act Complaint Against Wilmington Housing Authority

Complainant alleged that the Wilmington Housing Authority violated the public records requirements of FOIA by failing to disclose “all reports, studies and documents” pertaining to an apartment building fire. The Authority declined the request, stating that the records were exempt from disclosure due to the pending or potential litigation exemption. HELD: Potential or pending litigation exemption not applicable because there was no evidence in the record to suggest that complainant or The News Journal was attempting to use FOIA to obtain information as a prelude to a lawsuit against the Authority.

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