Neon Oyster, LLC v. The City of Rehoboth Beach et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE NEON OYSTER, LLC, § § Plaintiff Below, § Appellant, § No. 433, 2002 § v. § Court Below: Superior Court § of the State of Delaware in and THE CITY OF REHOBOTH § for Sussex County BEACH ACTING BY AND § C.A. No. 01A-09-003 THROUGH THE CITY OF § REHOBOTH BEACH BUILDING § AND LICENSING DEPARTMENT § AND THE CITY OF REHOBOTH § BEACH BOARD OF § ADJUSTMENT, § § Defendants Below, § Appellees. § Submitted: January 14, 2003 Decided: January 17, 2003 Before WALSH, HOLLAND and BERGER, Justices. ORDER This 17th day of January 2003, upon consideration of the briefs of the parties, we conclude that this appeal should be affirmed on the basis of the well reasoned decision of the Superior Court dated June 27, 2002. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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