HACKETT v. BOARD OF ADJUSTMENT

No. 267, 2001.

794 A.2d 596 (2002)

John J. HACKETT, William M. Barnes, Marie Louise Barnes, Lawrence J. Carroll, Yvonne Carroll, Charles M. Oberly, III, Prudence E. Oberly, Appellants Below, Appellants, v. BOARD OF ADJUSTMENT OF THE CITY OF REHOBOTH BEACH, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: March 21, 2002.

Reargument Denied April 18, 2002.


Attorney(s) appearing for the Case

Charles M. Oberly, III, Esquire (argued), Oberly, Jennings & Rhodunda, P.A., Wilmington, Delaware and William M. Barnes, Esquire, Schnader Harrison Segal & Lewis LLP, Philadelphia, Pennsylvania, for Appellants.

James F. Waehler, Esquire (argued) and Mary Robin Schrider, Esquire, Tunnell & Raysor, P.A., Georgetown, Delaware, for Appellee.

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


PER CURIAM.

This is an appeal from an order of the Superior Court dismissing an appeal from the Board of Adjustment of the City of Rehoboth Beach because the appellants had failed to name, as a party-appellee, the property owner who secured a building variance granted by the Board. In granting a motion to dismiss the appeal, the Superior Court ruled that the property owner was an indispensable party to the appeal and any attempt to amend the notice of appeal to relate...

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