Opinion
No. 415, 1998.
Submitted: January 26, 1999.
Decided: February 10, 1999.
Court Below — Court of Chancery of the State of Delaware, in and for New Castle County, C.A. No. 14895.
AFFIRMED.
Before HOLLAND, HARTNETT, and BERGER, Justices.
ORDER
This 10th day of February 1999, having considered the appellant's opening brief, the appellee's motion to affirm, and the appellant's response thereto, it appears to the Court that:
(1) The appellant David H. Donovan filed this appeal from an order of the Court of Chancery dated August 18, 1998. The Court of Chancery's order denied Donovan's motion for reconsideration of a prior Court of Chancery order dated July 20, 1998. The appellee New Castle County has filed a motion to affirm the Court of Chancery's judgment on the ground that it is manifest on the face of Donovan's opening brief that his appeal is without merit.
(2) The record reflects that on July 20, 1998, after a hearing at which Donovan failed to appear, the Court of Chancery granted the County's request to proceed with the demolition of a two-story structure located on property that had been owned by Donovan. This structure was the sixth and final structure that had been the subject of an earlier demolition order of the Court of Chancery dated June 27, 1997. That previous order had given Donovan six months to bring the two-story structure in compliance with applicable County Codes, which Donovan failed to do.
(3) A motion for reconsideration is addressed to the sound discretion of the trial court. See generally 4 Am. Jur. 2d Appellate Review § 185. We find no abuse of the Court of Chancery's discretion in this case. Consequently, we conclude that the County's motion to affirm should be granted on the basis of the well-reasoned decision of the Court of Chancery dated August 18, 1998.
NOW, THEREFORE, IT IS ORDERED that the County's motion to affirm is GRANTED. The judgment of the Court of Chancery is AFFIRMED.
BY THE COURT:
/s/ Maurice A. Hartnett, III, Justice