Christiana Town Center, LLC v. New Castle County, et al.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY CHRISTIANA TOWN CENTER, LLC a Delaware limited liability company Plaintiff, v. NEW CASTLE COUNTY, a political subdivision of the State of Delaware, NEW CASTLE COUNTY BOARD OF LICENSE, INSPECTION & REVIEW, and NEW CASTLE COUNTY DEPARTMENT OF LAND USE Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No: 03A-04-007 RSG Submitted: April 22, 2003 Decided: April 22, 2003 Richard L. Abbott, Esquire, The Bayard Firm, Wilmington, Delaware, for Plaintiff. Scott G. Wilcox, Esquire, New Castle County Government Center, New Castle, Delaware, for Defendants. ORDER Gebelein, J. AND NOW, this 22nd day of April, 2003, Plaintiff having moved this Court for an Order confirming the stay of the effectiveness of the Decision below pursuant to the issuance of the Writ of Certiorari in this action, and it appearing that the issuance of the common law Writ of Certiorari constitutes a supersedeas or stay of the effectiveness of the Decision below, absent statutory language to the contrary (See e.g. 9 DEL. CODE ANN . tit. 9, § 1353(c) (1989)). IT IS ORDERED that the Motion is GRANTED, and the effectiveness of the Decision issued by the Defendants which is on review pursuant to this Certiorari proceeding is hereby deemed to be STAYED. ______________________________ The Honorable Richard S. Gebelein Orig: cc: Prothonotary Richard L. Abbott, Esquire, Wilmington, Delaware. Scott G. Wilcox, Esquire, New Castle, Delaware. 2

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