Board of Adjustment of New Castle Cty. v. Barone

DUFFY, Justice:

The single question in this appeal is whether Superior Court Rule 4(a) Del.C. Ann. limits the time in which an alias writ may issue in a certiorari proceeding.

I

On November 30, 1971 the Board of Adjustment of New Castle County rejected an application by Anthony J. Barone and Molly C. Barone, his wife (petitioners) who then sought a review of the decision by certiorari in the Superior Court. The Court’s order directed that service be made before January 21, 1972. Service was not made by that date and on October 11, 1972 an alias writ was issued; it was served on October 20.

The…