Covington v. Board of Adjustment of City of Rehoboth Beach

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BARRY COVINGTON AND SHARON COVINGTON, Appellants Below, Appellants, v. THE BOARD OF ADJUSTMENT OF THE CITY OF REHOBOTH BEACH, Appellee Below, Appellee. § § § § § § § § § § § § § § No. 23, 2017 Court Below – Superior Court for the State of Delaware C.A. No. S16A-05-002 Submitted: August 16, 2017 Decided: August 29, 2017 Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices. ORDER This 29th day of August 2017, after careful consideration of the parties’ briefs and the record on appeal, we affirm the Superior Court’s judgment on the basis of its ruling on the pending ordinance doctrine and therefore do not need to address the Board’s argument that the City is an indispensable party. NOW, THEREFORE, IT IS ORDERED that the final judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Collins J. Seitz, Jr. Justice

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