Remedio v. City of Newark

This is an appeal from the denial by the Superior Court of a writ of mandamus to require the City Council of Newark to approve a subdivision plan and issue a building permit.

In order to prevail upon this appeal, the plaintiff must show that the Superior Court abused its discretion in denying the writ of mandamus sought. Ingersoll v. Rollins Broadcasting of Delaware, Inc., Del.Supr., 272 A.2d 336 (1970); 2 Woolley on Delaware Practice, 1124, § 1653. This he has failed to do.

The extraordinary writ of mandamus is appropriate only where the plaintiff is able to establish a clear legal right to…