Catawba Associates v. State of Delaware
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IN THE SUPREME COURT OF THE STATE OF DELAWARE CATAWBA ASSOCIATESCHRISTIANA, Defendant BelowAppellant, v. THE STATE OF DELAWARE, upon the relation of the Secretary of the Department of Transportation, Plaintiff BelowAppellee. § § § § § § § § § § § § § § No. 113, 2005 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 97C-03-042 Submitted: April 14, 2005 Decided: May 2, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 2nd day of May 2005, it appears to the Court that: (1) The defendant below, Catawba Associates-Christiana, has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court dated February 23, 2005. The Superior Court=s ruling granted the State s motion in limine to preclude the report and testimony of Catawba s appraisal expert in the pending condemnation action. (2) On April 11, 2005, the Superior Court denied Catawba=s application to certify an interlocutory appeal to this Court. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases. (4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: /s/ Jack B. Jacobs Justice -2-
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