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| Black v. Gramercy Advisors, LLC, C.A. No. 2733-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 23, 2007, Decided
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Overview: Trial court denied the motion for reargument filed by the businesses that challenged the trial court's decision to convert their motion to dismiss into a motion for summary judgment pursuant to Del. Ch. Ct. R. 12(b); motion to dismiss plainly relied on facts and documents not properly the subject of a Del. Ch. Ct. R. 12(b)(6) motion to dismiss.
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| Brown v. City of Wilmington Zoning Bd. of Adjustment, C.A. No. 06A-10-005 (JRS),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2007, Decided
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Overview: Trial court refused zoning adjustment board's application for certification of interlocutory appeal; its order denying zoning adjustment board's motion to dismiss a petition for writ of certiorari and granting of nearby property owners' motion to amend did not determine a substantial issue and establish a legal right.
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| Friends of Paladin v. New Castle County Bd. of Adjustment, No. 591, 2006,
SUPREME COURT OF DELAWARE, July 23, 2007, Decided
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Overview: Trial court did not err in determining county adjustment board had jurisdiction to rule on property developer's appeal of its denial of its application to develop certain property; county adjustment board had jurisdiction to rule on matter under Del. Code Ann. tit. 9, § 1313(a)(1) because the matter was a zoning, rather than subdivision, matter.
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| Horne v. Genesis Healthcare, C.A. No. 06A-08-001-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 23, 2007, Decided
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Overview: While jurisdiction was retained, case was remanded to board to complete the record by considering additional evidence proffered by claimant to determine whether it was similar to newly discovered evidence that should have been admitted.
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| Liberty Mut. Ins. Co. v. Progressive Classic Ins. Co., C.A. No. 03C-05-160 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2007, Decided
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Overview: Father's vehicle policy was primary to mother's policy for their daughter's accident because the exclusion argument of the father's insurer failed due to fact that father's insurer did not comply with Del. Code Ann. tit. 18, § 3909. No notice was given to the daughter that she was being excluded and she was not offered comparable insurance.
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| Sullins v. State, No. 466, 2006,
SUPREME COURT OF DELAWARE, July 23, 2007, Decided
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Overview: A probation officer's rebuttal testimony regarding defendant being on probation and not reporting that he was living with two roommates was properly admitted at his trial on drug-related charges, pursuant to Del. R. Evid. 403, as the testimony was both an adequate and a necessary link between defendant and his residence where the drugs were found.
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