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REISE v. BD. OF BLDG. APPEALS OF NEWARK

Nos. 75, 1999, 109, 1999.

746 A.2d 271 (2000)

David M. REISE, Petitioner Below, Appellant, v. BOARD OF BUILDING APPEALS OF the CITY OF NEWARK, Delaware, Respondent Below, Appellee. Shazmin Khan, Petitioner Below, Appellant, v. Board of Building Appeals of the City of Newark, Delaware, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: February 23, 2000.

Attorney(s) appearing for the Case

Mark D. Sisk, of Hughes, Sisk & Glancy, P.A., Wilmington, for Appellant David M. Reise.

Timothy M. Rafferty, of Timothy M. Rafferty, P.A., Hockessin, for Appellant Shazmin Kahn.

Bruce C. Herron, of Sawyer, Akin & Herron, P.A., Wilmington, for Appellee.

Before VEASEY, Chief Justice, WALSH and BERGER, Justices.

BERGER, Justice.

This appeal concerns an attempt to use the common law writ of certiorari to review a municipal agency decision. Where, as here, aggrieved parties have no right of appeal from an adverse decision of an administrative body, the Superior Court has jurisdiction to issue a writ of certiorari. The scope of review on certiorari, however, is more limited than the review available on appeal. On certiorari, the court...

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