Supreme Court of Delaware

In an appeal from a grant of a petition for a writ of certiorari, wherein the superior court held that respondents-Mayor and Town Council's decision to deny petitioner's application to subdivide his single real estate lot into two lots was arbitrary and capricious, an order to show cause is discharged and the appeal will proceed as the order on appeal was a final judgment because a remand to the Town Council was for the purely ministerial purpose of having it grant petitioner's application.

Appellate Information

• Decided 09/21/2007
• Published 10/29/2007

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Edward M. McNally, Esquire and Rafael X. Zahralddin-Aravena, Esquire, Morris, James, Hitchens & Williams, LLP, Wilmington, Delaware, for appellants.


• For Appellees:
  
• Thomas C. Marconi, Esquire, Losco & Marconi, P.A., Wilmington, Delaware, for appellee.