DOVER HIST. SOC. v. DOVER PLANNING COM'N

No. 440, 2003.

838 A.2d 1103 (2003)

The DOVER HISTORICAL SOCIETY, Henry R. Horsey, Mary Jane Richter, Joseph Gates, III, Larry Josefowski, Susan Terry, Bonnie Johnson, Holly Johnson and Charles Johnson, Petitioners Below, Appellants, v. CITY OF DOVER PLANNING COMMISSION, consisting of John Friedman, Robert M. Sadusky, Michael Von Reider, William J. Dimondi, Thomas Holt, Ann M. Baker Horsey, Robert D. Welsh, Francis Winsley and Francis C. Nichols, and Young & Malmberg, P.A., a Delaware professional association, Grace Properties, L.L.C., a Delaware limited liability company, and Yozima, L.L.C., a Delaware limited liability company, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: December 2, 2003.


Attorney(s) appearing for the Case

Grover C. Brown and Michael J. Maimone, of Gordon, Fournaris & Mammarella, P.A., Wilmington, for appellants.

Nicholas H. Rodriguez and William W. Pepper, Sr., of Schmittinger and Rodriguez, P.A., Dover, for appellee, City of Dover Planning Commission and its members.

William E. Manning and Richard A. Forsten, of Klett, Rooney, Lieber & Schorling, Wilmington, for appellees, Young & Malmberg and Yozima, L.L.C.

Before VEASEY, Chief Justice, HOLLAND and JACOBS, Justices.


HOLLAND, Justice:

This is an appeal from a final judgment of the Superior Court. The petitioners-appellants, are the Dover Historical Society and several individuals: Henry R. Horsey, Mary Jane Richter, Joseph Gates, III, Larry Josefowski, Susan Terry, Bonnie Johnson, Holly Johnson and Charles Johnson. This proceeding was commenced when the petitioners filed an action in the Superior Court for a writ of certiorari.

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