Carper v. Stiftel

STOREY, Justice Ad Litem,

concurring-.

I agree with the lower court and the majority in this appeal that Plaintiffs are entitled to the declaratory and injunctive relief they seek. However, in the view I take of this case, I find it unnecessary to reach and resolve the constitutional issues this appeal otherwise presents.

It is the well settled judicial policy of this State that constitutional questions will not be decided unless their determination is essential to the disposition of the case. Downs v. Jacobs, Del.Supr., 272 A.2d 706, 708 (1970); State ex rel. Davis v. Woolley, Del.Supr., 97…