Legal Opinion

In re Brookview Associates' Petition for a Writ of Prohibition

Superior Court of Delaware

Decided January 31, 1986PublishedCited by 2 opinions

1Opinion of the Court

GEBELEIN, Judge.

This is an action by the owners1 of Brookview Apartments, an apartment complex located at 3602 Philadelphia Pike, Claymont, Delaware, to obtain a writ of prohibition directed to Justice of the Peace Court No. 15 to prohibit that Court from issuing an inspection warrant to allow the Division of Boiler Safety to inspect the boilers at Brookview.2

A writ of prohibition is an extraordinary remedy available under limited circumstances.

A writ of prohibition is a writ to prevent the exercise by a tribunal, possessing judicial powers, of jurisdiction over matters not within its…

2Cases cited6 opinions

  1. Edwards v. StateSupreme Court of Delaware · 1974
  2. Canaday v. Superior CourtSupreme Court of Delaware · 1955
  3. Knight v. HaleySuperior Court of Delaware · 1934
  4. In re Petition for a Rule to Show Cause Why Thorne Should not be Attached for Contempt of CourtSuperior Court of Delaware · 1915
  5. Milford School District v. WhiteleySuperior Court of Delaware · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Myers v. Medical Center of Delaware, Inc.District Court, D. Delaware · 2000
  2. Paolino v. Industrial Accident BoardSuperior Court of Delaware · 1997

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