Supreme Court of Delaware

Harvey v. Garrett

October 9, 2025

Summary

The Supreme Court of Delaware affirmed the Superior Court’s judgment upholding the Commissioner’s rulings and the Attorney General’s determination that the Wilmington Housing Authority did not violate FOIA. The court held that WHA satisfied its burden to justify withholding or not possessing responsive records through its executive director’s affidavit and that the Superior Court properly denied Harvey’s subpoena motion. No separate opinions were filed.