Supreme Court of Delaware

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Maddrey v. Justice of the Peace Court 13, 616, 2007

In an eviction action, summary possession award to landlord is affirmed where: 1) the Superior Court had constitutionally-based, original and exclusive trial court jurisdiction to issue writs of certiorari directed to the Justice of the Peace Courts in summary possession cases, and to issue common law writs of certiorari to all "inferior tribunals"; 2) the Court of Common Pleas could not issue common law writs of certiorari for any purpose; 3) on certiorari, only the record of proceedings below was reviewable, and review only extended to whether the lower tribunal committed errors of law, exceeded it jurisdiction, or proceeded irregularly; 4) the record for certiorari purposes consisted only of the complaint, answer and docket entries, and did not include evidence considered by the lower tribunal or its hearing transcripts.

Appellate Information

  • Decided 09/05/2008
  • Published 09/05/2008

Judges

  • STEELE, Chief Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the court en banc.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Eric M. Davis (argued) and Mark Desgrosseilliers, Wilmington, Delaware, and Deborah I. Gottschalk, Community Legal Aid Society, Inc., Wilmington, Delaware, for appellant.

  • For Appellees:
  • Michael P. Morton, Wilmington, Delaware, for appellee Arbor Management, d/b/a Compton Town Associates, LP., Jennifer D. Oliva and Lawrence W. Lewis, Department of Justice, Wilmington, Delaware, for appellee Justice of the Peace Court 13.
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