Opinion
No. 312, 2003.
Submitted: December 9, 2003.
Decided: December 12, 2003.
On appeal from the Superior Court of the State of Delaware in and for New Castle County C.A. No. 98C-12-259 (CHT).
Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices (constituting the Court en Banc)
ORDER
This 12th day of December, 2003, it appears to the Court that:
(1) The record shows that the Department of Transportation proceeded properly under applicable law and that its decision on the necessity of the taking for a public purpose was supported by the record and did not constitute an abuse of its discretion.
(2) The Superior Court properly applied the applicable law with respect to its determination that: (a) the Department's action was within its discretion under applicable law; (b) the Department did not abuse its discretion; and (c) the property owner failed to carry his burden under Superior Court Civil Rule 71.1 "to overcome the presumption of regularity and the prima facie case of necessity for a public use" which had been presented by the Department.
(3) The property owner has failed to show on this record that the Superior Court abused its discretion or deprived the property owner of procedural due process by denying the property owner additional time for discovery.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court set forth in its Order of Possession dated May 30, 2003, is AFFIRMED.