Opinion
C. A. No: S11A-07-010 ESB
01-28-2013
RE: Stingray Rock, LLC v. The Board of Adjustment of the City of Rehoboth Beach
John W. Paradee, Esq. Prickett, Jones & Elliott, P.A. Daniel A. Griffith, Esq. Whiteford, Taylor & Preston, LLP
JUDGE
John W. Paradee, Esq.
Prickett, Jones & Elliott, P.A.
Daniel A. Griffith, Esq.
Whiteford, Taylor & Preston, LLP
Dear Counsel:
I have dismissed the appeal in the above-captioned case because no written decision was filed with the office of the Rehoboth Beach Board of Adjustment, making the appeal premature and not from a final decision of the Rehoboth Beach Board of Adjustment. I suggest that you have the Rehoboth Beach Board of Adjustment prepare a written decision and file it with the office of the Rehoboth Beach Board of Adjustment and then file an appeal from that decision in order to correct these defects. I will then consider that appeal with the materials in this case so that the matter can be properly decided.
No written decision was filed with the record on appeal and counsel for the parties have been unable to produce one.
McDonald's Corporation v. Zoning Board of Adjustment for the City of Wilmington, 2002 WL 88944 (Del. Super. Jan. 10, 2002); Kostyshyn v. the Commissioners of the Town of Bellefonte, 2006 WL 1520199 (Del. Super. Jan. 6, 2006); 22 Del. C. §328(a).
--------
IT IS SO ORDERED.
Very truly yours,
_________________________
E. Scott Bradley
ESB/sal
cc: Nicole Faries, Esq.