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HEARTLAND DELAWARE v. REHOBOTH MALL LTD.

Civil Action No. 7377-VCG.

57 A.3d 917 (2012)

HEARTLAND DELAWARE INC. and Wendover, Inc., Plaintiffs, v. REHOBOTH MALL LIMITED PARTNERSHIP, Defendant.

Court of Chancery of Delaware.

Decided: August 27, 2012.

Attorney(s) appearing for the Case

Kevin A. Guerke , of Seitz, Van Ogtrop & Green, P.A., Wilmington, Delaware; Attorney for Plaintiffs.

John A. Sergovic, Jr. , and Shannon D. Carmean, of Sergovic, Carmean & Weidman, P.A., Georgetown, Delaware; Attorneys for Defendant.

OPINION

GLASSCOCK, Vice Chancellor.

This matter involves whether this Court can exercise jurisdiction over what is essentially a real estate possession action, notwithstanding that the Legislature has vested exclusive jurisdiction over such matters with the Justice of the Peace Courts. Under the circumstances here, at least, the answer is no.

I. FACTS

A. Parties

Plaintiff WenDover, Inc. ("WenDover"), is a Delaware...

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