Opinion
C.A. No. 00A-07-009-JOH
Submitted: August 3, 2001
Decided: August 7, 2001
Petitioner's Motion for Reargument — DENIED.
Michael J. Goodrick, Esq. Michael J. Goodrick, P.A. P.O. Box 134 Wilmington, DE 19899
John E. Tracey, Esq. New Castle County Law Department 87 Reads Way New Castle, DE 19720
Counsel:
Petitioner Dr. Javed Gilani has moved to reargue this Court's opinion of July 27, 2001. The basis for the motion is that the Court repeated an error stated in the record concerning whether the deck on the Conines' house was originally constructed after an appropriate building permit was obtained. From this pad, Dr. Gilani launches an argument that the Court understated the extent of knowledge by Mr. and Mrs. Conine of the fact that their deck was originally constructed in violation of the then-applicable New Castle County Code provisions.
The Court concedes that the record below was confusing regarding whether an appropriate building permit was obtained when the deck was originally built. If the Court misunderstood the record about the existence or non-existence of a permit to construct the deck, the Court regrets that error. But, that does not change the fundamental result that this deck existed for a number of years without complaint by Dr. Gilani and that the Board's decision is, otherwise, supported by substanial evidence and is free from legal error.
CONCLUSION
For the reasons stated herein, the motion for reargument of petitioner Dr. Javed Gilani is DENIED.
IT IS SO ORDERED.