FLOWERS v. OFFICE OF THE GOVERNOR

C.A. No. N16A-05-004 FWW.

167 A.3d 530 (2017)

Chipman L. FLOWERS, Jr., and the Archives of The Honorable Chip Flowers, Jr., Petitioners Below, Appellants and Cross-Appellees, v. The OFFICE OF THE GOVERNOR, Respondent Below, Appellee and Cross-Appellant, and Office of the Attorney General of the State of Delaware, Appellee.

Superior Court of Delaware.

Decided: August 8, 2017.

Corrected: August 22, 2017.


Attorney(s) appearing for the Case

P. Clarkson Collins, Jr., Esquire , Nicolas Krawitz, Esquire , Morris James LLP, 500 Delaware Avenue, P.O. Box 2306, Wilmington, Delaware 19899; Attorneys for Appellants Chipman L. Flowers, Jr. and the Archives of the Honorable Chip Flowers, Jr.

Max B. Walton, Esquire , Kyle Evans Gay, Esquire , Connolly Gallagher LLP, 267 East Main Street, Newark, Delaware 19711; Attorneys for Appellee the Office of the Governor.


OPINION

I. INTRODUCTION

Delaware's Freedom of Information Act ("FOIA") was enacted in 1976. In 2010, the statute was amended to remedy a perceived inequity. Prior to the amendment, a citizen who was denied access to records by a public body the Attorney General was not obliged to represent was...

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