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2010 Delaware Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagde0008 and id is 1 raw text is: CIVIL DIVISION (302) 577-8400
FAX (302) 577-6630
CRIMINAL DIVISION (302) 577-8500
DEPARTMENT OF JUSTICE                       FAX (302) 577-2496
NEW CASTLE.COUNTY                  FRAUD DIVISION (302) 577-8600
JOSEPH R. BIDEN, III                    820 NORTH FRENCH STREET                   FAX (302) 577-6499
ATTORNEY GENERAL                     WILMINGTON, DELAWARE 19801                TTY (302) 577-5783
January 22, 2010
Victor F. Battaglia, Esquire
Biggs and Battaglia
921 North Orange Street
P.O. Box 1489
Wilmington, DE 19899
RE: Freedom of Information Act Complaint
Against City of Wilmington
Dear Mr. Battaglia:
On October 23, 2009, the Delaware Department of Justice (DDOJ) received
your complaint that the City of Wilmington (the City) violated the Freedom of
Information Act (FOIA) by refusing to provide you with public records. On October
26, 2009, the DDOJ forwarded your complaint letter to the City, which requested and
received a one-week extension to respond. We received the City's timely response on
November 12, 2009. This is the DDOJ's determination of your complaint pursuant to 29
Del. C § 10005(e).
RELEVANT FACTS
According to the City, you represent the Carriage House Row condominiums in
its dispute with the City over its water system. Carriage House Row wants the City to
install individual usage meters in each unit, which the City refuses to do because it
believes that installation of such meters was the duty of the developer and/or the

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