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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  December 2007

07-IB25 RE: Freedom of Information Act Complaint Against Town of Bethel

The Complainant alleged the Town Council of Bethel (the “Council”) conducted an “open meeting” in violation of the Freedom of Information Act (“FOIA”) by deciding to contract with Atlantic Well Drilling and issue the necessary permits without first discussing the matter in a public meeting. Held: the “open meeting” law was not violated because approval was given by less than a forum of the Council; approval may have been ultra vires, but it did not implicate FOIA.

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07-IB24: Re: Freedom of Information Act Complaints Against Town of Dewey Beach

The Complainant alleged the Town Council of Dewey Beach (the “Council”) violated the Freedom of Information Act (“FOIA”) by: (1) not providing the public with adequate notice about the building height of a Ruddertowne development proposal discussed at a series of meetings in May-July 2007; and (2) not providing the public with updated and complete copies of the Town’s draft Comprehensive Plan. Held: the Council provided adequate notice that the development proposal and building height would be discussed at the meetings, and copies of the Comprehensive plan were available for inspection as required by FOIA.

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