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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




Biden to Address National Student Consumer Competition Tuesday in Philadelphia

Date Posted: Monday, April 23rd, 2012

Media Advisory Philadelphia, PA – Tomorrow (Tuesday, April 24) in Philadelphia Attorney General Beau Biden will address hundreds of students gathered from across the country who are competing in the 2012 National LifeSmarts consumer competition. LifeSmarts is a competitive educational program sponsored by the National Consumers League that educates students on real-world financial and consumer […]

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12-IIB06: Freedom of Information Act Regarding Rehoboth Beach Board

Date Posted: Tuesday, April 10th, 2012

Various people alleged that they did not receive proper notice of Rehoboth Beach Board of Adjustment meetings and that the Board violated various procedural requirements. Held that the meeting agenda was sufficient when it listed the general topic (an appeal of a building inspector decision), without specifying that the Board would consider whether the appeal was time-barred, because the issue was the appeal and whether it was time-barred was a within the scope of the appeal itself. The Board allowed argument by counsel to appellants, as well as counsel to the property owners and Rehoboth Beach, thus meeting any standards of fairness required under FOIA and the U.S. Constitution. The alleged procedural violations should be appealed to Superior Court, as they are not alleged violations of FOIA appealable to the AG.

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National Mortgage Foreclosure Settlement Finalized by Court Order

Date Posted: Monday, April 9th, 2012

Biden secured $45 million for Delaware and fought for important new protections for America’s military men and women Wilmington – Delaware Attorney General Beau Biden announced today that a federal judge has approved the consent judgments that will implement the $25 billion national mortgage settlement between Delaware, 48 other states and the District of Columbia, […]

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Biden Marks Child Abuse Prevention Month

Date Posted: Monday, April 2nd, 2012

Highlights Staggering Statistics; Calls Upon Adults to Speak for Voiceless Victims    Wilmington – Before the age of 18, 1 in 4 girls and 1 in 6 boys will be sexually abused. Only 1 in 10of those young victims will report their abuse, in part, because 90% of victims know their abuser. Citing these staggering […]

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12-IIB04: Freedom of Information Act Regarding the Board of Education

Date Posted: Tuesday, March 27th, 2012

Petitioner alleged that the Caesar Rodney School District violated FOIA by (a) posting only tentative agendas; (b) failing to inform the public that it was planning to increase personnel salaries during the December 2011 meeting; (c) failing to include specific grounds for executive sessions in the agendas; and (d) failing to provide adequate Board minutes. Held that (a) the District violated FOIA by posting tentative agendas, but that the District agreed not to label future agendas as “tentative”; (b) because the salaries in question were set through contracts previously agreed to by the District, notice of such salary increases was not necessary; (c) failing to specify the purpose of executive sessions violated FOIA, but the District agreed to include specific grounds for executive sessions in the future; and (d) the minutes were adequate so the District did not violate FOIA as to the minutes.

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12-IIB05 RE: Freedom of Information Act Against KCSPCA

Date Posted: Tuesday, March 27th, 2012

State Senator received complaints that the Kent County Society for the Prevention of Cruelty to Animals (KCSPCA) denied public access to a Board meeting in February 2012. Held that KCSPCA was a public body because it was incorporated by filing its Certificate with the Secretary of State and it received $3,000 of grant-in-aid funding for the year.
NOTE: This opinion was supplemented by 12-IIB08.

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Delaware’s Motion to Intervene in DuPont Trust Case Granted by Florida Court

Date Posted: Monday, March 12th, 2012

Wilmington – Delaware Attorney General Beau Biden announced that a Florida court on Friday granted his office’s motion to intervene in a case involving the Alfred I. duPont Testamentary Trust, which funds The Nemours Foundation. Biden asked the Duval County Circuit Court last month to allow Delaware to intervene in the court’s review of a […]

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Biden Urges Delawareans to Participate in Federal Foreclosure Review

Date Posted: Tuesday, February 28th, 2012

Wilmington – Delaware Attorney General Beau Biden encouraged Delawareans whose mortgage loans were active in the foreclosure process in 2009 and 2010 to take advantage of an opportunity to have their cases independently reviewed. There were more than 12,000 foreclosures in the state during that two-year period. “Our housing market only works when everyone plays […]

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Biden Announces Video Contest For High School Students

Date Posted: Monday, February 27th, 2012

Annual competition engages young people in tackling senior abuse by raising awareness, encouraging reporting Wilmington – Attorney General Beau Biden today announced that his office has launched its second annual senior abuse video competition. The contest, sponsored by the Attorney General’s Senior Protection Initiative, is designed to engage young people in raising awareness of senior […]

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12-IIB03 02/23/2012 AG Opinion Letter to Norman E. Wood re: Sheriff Arrest Power

Date Posted: Thursday, February 23rd, 2012

PRINT VERSION: Attorney General Opinion No. 12-IIB03

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