Articles Posted in Delaware Court of Chancery

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Plaintiffs in this case were residents of Red Clay who were unable to access the polls during a special election held by Red Clay Consolidated School District in February 2015. In the election, residents were asked to approve an increase in the school-related property taxes paid by owners of non-exempt real estate located within the district. Red Clay prevailed in the special election, but Plaintiffs claimed electoral misconduct. The Court of Chancery declared that Red Clay violated the Elections Clause of the Delaware Constitution but did not award any greater relief because the violations did not warrant invalidating the special election. The court reached this result through a balancing of factors, including the dysfunction in Delaware’s system for funding public schools, which led to Red Clay facing a significant deficit without a favorable vote. View "Young v. Red Clay Consolidated School District" on Justia Law

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Plaintiff, a Delaware taxpayer, asserted claims against defendant, the State of Delaware Auditor of Accounts, for claims related to defendant's alleged noncompliance with 29 Del. C. 2906(f), which stated, in part, that the "Auditor of Accounts shall conduct postaudits of local school district tax funds budget and expenditures annually" and for claims related to defendant's alleged violation of Delaware's Freedom of Information Act (FOIA), 29 Del. C. ch. 100., by failing to provide plaintiff with copies of certain employee time sheets which he duly requested. The court held that it lacked subject matter jurisdiction over the audit claims and the FOIA claims must be dismissed because of plaintiff's failure to exhaust administrative remedies. View "Korn v. State of Delaware Auditor of Accounts R. Thomas Wagner, Jr." on Justia Law