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IN RE REQUEST OF GOVERNOR

No. 340, 2006.

905 A.2d 106 (2006)

In re REQUEST OF the GOVERNOR FOR AN ADVISORY OPINION Del. Const. Art. III, § 11.

Supreme Court of Delaware.

Decided: August 24, 2006.

Attorney(s) appearing for the Case

Carl C. Danberg, Esquire, Attorney General, Lawrence W. Lewis, Esquire, State Solicitor (argued), Richard W. Hubbard, Esquire and Erika Y. Tross, Esquire, Deputy Attorneys General, Wilmington, Delaware, attorneys for the affirmative position on the first question presented and the negative position on the second question presented.

Gregg E. Wilson, Esquire (argued), Carol J. Dulin, Esquire and Julie M. Sebring, Esquire, New Castle County Law Department, New Castle, Delaware, attorneys for the negative position on the first question presented and the affirmative position on the second question presented.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices.

TO: The Honorable RUTH ANN MINNER, Governor of the State of Delaware.

Pursuant to Title 10, section 141 of the Delaware Code, you asked the Justices for their opinions regarding the following questions:

1. Whether Article III, section 11, of the Delaware Constitution, which provides that no person shall be appointed to an office within a county who has not resided in that county one year next prior to appointment, applies to either (a) the position of Chief...

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