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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  February 2020

20-IB09 2/27/2020 FOIA Opinion Letter to Mr. James Owen re: FOIA Complaint Concerning New Castle County

The Petitioner alleged that New Castle County violated FOIA by failing to complete a review of its records as it committed to do and by improperly denying access to records under the pending or potential litigation exemption.

DECIDED: The County violated FOIA by failing to timely give a reason for its delay and a good faith estimate of time needed to respond to the request. However, as it was determined that the request was ultimately properly denied under the potential litigation exemption, no remediation was recommended.

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20-IB08 2/25/2020 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Delaware River and Bay Authority

Petitioner alleged that the Delaware River and Bay Authority violated FOIA’s open meeting requirements by holding an improper executive session.

DECIDED: Delaware River and Bay Authority is not subject to Delaware’s FOIA law, and therefore, the petition is dismissed.

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20-IB07 2/24/2020 FOIA Opinion Letter to Mr. Kohl Harrington re: FOIA Complaint Concerning the Delaware Department of Agriculture

Petitioner alleged they were denied records on the basis that they were not a Delaware citizen.

DECIDED: No FOIA violation was found.

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20-IB06 2/5/2020 FOIA Opinion Letter to Mr. Dan Cannon re: FOIA Complaint Concerning the City of Seaford

Petitioner alleged that the Board of Adjustment of the City of Seaford provided insufficient public notice of its consideration of a variance at its December 4, 2019 meeting.

DECIDED: This Office determined that the City did not violate FOIA as alleged by the Petitioner, as the agenda provided adequate notice to the members of the public with an intense interest in the variance.

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