Christiana Town v. New Castle Cty.

Full title: CHRISTIANA TOWN CENTER, LLC a Delaware limited liability company…

Court: Superior Court of Delaware, New Castle County

Date published: Apr 22, 2003

C.A. No: 03A-04-006 RSG (Del. Super. Ct. Apr. 22, 2003)

Opinion

C.A. No: 03A-04-007 RSG.

Submitted: April 22, 2003.

Decided: April 22, 2003.

Richard L. Abbott, Esquire, The Bayard Firm, Wilmington, Delaware, for Plaintiff.

Scott G. Wilcox, Esquire, New Castle County Government Center, New Castle, Delaware, for Defendants.

ORDER

Gebelein, J.

AND NOW, this 22nd day of April, 2003, Plaintiff having moved this Court for an Order confirming the stay of the effectiveness of the Decision below pursuant to the issuance of the Writ of Certiorari in this action, and it appearing that the issuance of the common law Writ of Certiorari constitutes a supersedeas or stay of the effectiveness of the Decision below, absent statutory language to the contrary (See e.g. 9 DEL. CODE ANN. tit. 9, § 1353(c) (1989)).

IT IS ORDERED that the Motion is GRANTED, and the effectiveness of the Decision issued by the Defendants which is on review pursuant to this Certiorari proceeding is hereby deemed to be STAYED.