Heartland Delaware Inc. v. Rehoboth Mall Ltd. Partnership

OPINION

GLASSCOCK, Vice Chancellor.

This matter involves whether this Court can exercise jurisdiction over what is essentially a real estate possession action, notwithstanding that the Legislature has vested exclusive jurisdiction over such matters with the Justice of the Peace Courts. Under the circumstances here, at least, the answer is no.

I. FACTS

A. Parties

Plaintiff WenDover, Inc. (“WenDover”), is a Delaware corporation that operates a Wendy’s Old Fashioned Hamburgers franchise (“Wendy’s”) in Rehoboth Beach, Delaware.

Defendant Rehoboth Mall Limited Partnership (“RMLP”) is a Maryland limited…