Hackett v. Board of Adjustment

This is an appeal from an order of the Superior Court dismissing an appeal from the Board of Adjustment of the City of Rehoboth Beach because the appellants had failed to name, as a party-appellee, the property owner who secured a building variance granted by the Board. In granting a motion to dismiss the appeal, the Superior Court ruled that the property owner was an indispensable party to the appeal and any attempt to amend the notice of appeal to relate back was not permitted under applicable Superior Court rules. We agree and affirm.

I

The appellants, (collectively “Hackett”), are property…