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Attorney General Kathy Jennings

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  Archived Posts From: 2007


07-IB21 Re: Freedom of Information Act Complaint Against City of Wilmington

Written on: October 22nd, 2007 in 10002(l) (9) Exemptions - Pending or Potential Litigation

The Complainant alleged the City of Wilmington (the “City”) violated the Freedom of Information Act (“FOIA”) by not providing the Complainant with requested records pertaining to the South Walnut Street Urban Renewal Plan on the basis of “pending or potential litigation.” Held: the City violated the public record requirements of FOIA because there were insufficient objective indicators that litigation between the Complainant’s clients and the City was reasonably foreseeable.

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