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Attorney General Matt Denn


  Archived Posts From: 1997

97-IB08 RE: Freedom of Information Act Complaint Against Sussex County

Written on: April 10th, 1997 in 10001 Declaration of Policy

Complaint alleged that Sussex County violated FOIA by not providing him with a copy of the official complete billing submitted by Delmarva Paving to whomever it was sent for the paving of a road. The County responded that it did not have responsive records in its custody and control because the contractor at issue was a subcontractor, and the country received no bills directly from Delmarva. HELD: FOIA cannot be used to compel production of documents in the possession of a private contractor. A general contractor’s “private negotiations with its subcontractors” are not a proper subject of public scrutiny.

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