Opinion
C.A. No. K18C-10-023 WLW
08-11-2020
Re: Mazen and Nina Shahin v City of Dover, et al.
William L. Witham, Jr. Resident Judge Dr. Mazen Shahin
Ms. Nina Shahin
103 Shinnecock Road
Dover, Delaware 19904 Nicholas H. Rodriguez, Esquire
Schmittinger and Rodriguez, P.A.
414 South State Street
Dover, Delaware 19903 Letter Order on Plaintiffs' Motion for Sanctions Dear Dr. & Mrs. Shahin and Mr. Rodriguez,
The Court has before it a Motion for Sanctions in this matter. It would appear that the Plaintiffs, Mazen and Nina Shahin, filed an amended complaint against the City of Dover and Cheryl A. Bundek, City of Dover Tax Assessor (Defendants) on November 29, 2018 in their continuing legal battle over the alleged discriminatory evaluation of their property located in the City of Dover, Delaware.
Previously, the Delaware Supreme Court affirmed an appeal of an earlier case in this Court in Shahin v. City of Dover Bd. of Assessment Appeals, 149 A.3rd 227 (Del. 2016). --------
The Plaintiffs allege that counsel for Defendants has violated portions of the Delaware Lawyers Rules of Professional Conduct (DLRPC) incorporated in our Superior Court Civil Rule 11. I have examined the portions of the DLRPC cited, as well as Rule 11, and find that this proceeding is being defended in a professional manner by experienced counsel which would be expected in cases of this nature and is defended with a basis in law and fact which is not frivolous nor without a proper purpose. Indeed, the defense(s) raised are warranted by existing law and have evidentiary support given the extensive litigation in this matter.
Therefore, the Motion for Sanctions is summarily DENIED.
IT IS SO ORDERED.
/s/ William L. Witham. Jr.
Resident Judge WLW/dmh