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DE STATE HOUSING AUTHORITY v. J.P. COURT 16

C.A. No. 06A-11-001 WLW.

951 A.2d 751 (2007)

DELAWARE STATE HOUSING AUTHORITY/CLARK'S CORNER, Petitioner, v. JUSTICE OF THE PEACE COURT 16 and Angel Fannin, Respondents.

Superior Court of Delaware, Kent County.

Decided: January 25, 2007.

Attorney(s) appearing for the Case

Jeffrey J. Clark, Esquire, Schmittinger & Rodriguez, P.A., Dover, DE, for the Petitioner.

James G. McGiffin, Jr., Esquire, Community Legal Aid Society, Inc., Dover, DE, for the Respondent Fannin.

Ralph K. Durstein, III, Esquire, Department of Justice, Wilmington, DE, for Respondent J.P. Court 16.

ORDER

WITHAM, R.J.

Respondent Angel Fannin filed a Motion to Dismiss the Petition for Writ of Certiorari of Petitioner Delaware State Housing Authority/Clark's Corner.

The salient facts are as follows: The lease agreement in question is silent on the issue of the place where the tenant must pay rent. Title 25 Del. C. § 5501(b) states that rent shall be payable at the time and place agreed to by the parties. The Respondent argues...

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