Reise v. Bd. of Bldg. Appeals of Newark
Supreme Court of Delaware
1Opinion of the Court
BERGER, Justice.
This appeal concerns an attempt to use the common law writ of certiorari to review a municipal agency decision. Where, as here, aggrieved parties have no right of appeal from an adverse decision of an administrative body, the Superior Court has jurisdiction to issue a writ of certiorari. The scope of review on certiorari, however, is more limited than the review available on appeal. On certiorari, the court considers only: (i) the lower tribunal’s jurisdiction; (ii) the regularity of the proceedings below; and (iii) errors of law. In this case, the Board of Building Appeals of…
2Cases cited4 opinions
- Shoemaker v. StateSupreme Court of Delaware · 1977
- In the Matter of ButlerSupreme Court of Delaware · 1992
- Rash v. AllenSuperior Court of Delaware · 1910
- Tate v. MilesSupreme Court of Delaware · 1986
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- Schweizer v. BOARD OF ADJUSTMENT OF NEWARKSupreme Court of Delaware · 2009
- 1313 Owner LLC v. New Castle County Office of Finance, Assessment DivisionSuperior Court of Delaware · 2020
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