State of Delaware v. Hometown America Communities, Inc. ( 2016 )

IN THE SUPREl\/IE COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, ex rel. MATTHEW P. DENN, Attomey General of the State of Delaware, No. 194, 2016 Court BeloW_Superior Court Plaintif``f BeloW, of the State of Delaware Appellant, C.A. No. S15C-l 1-015 v. HOMETOWN AMERICA COMMUNITIES, INC., a Delaware corporation, Defendant BeloW, Appellee. QO'>OO'>CO'>OO'J¢OOOO'JOOO¢OOQO'>¢OOOO'JQO°¢O°OOOOO> Submitted: December 7, 2016 Decided: December 12, 2016 Before HOLLAND, VAUGHN, and SEITZ, Justices. 0 R D E R This 12th day of December 2016, this Court has considered this matter on the briefs and oral arguments by the parties and the supplemental filings on the question of mootness We have conclude that this matter should be affirmed on the basis of`` the Superior Court’s April 15, 2015 opinion, With one exception: the complaint should not have been dismissed With prejudice but rather With leave to file an amended complaint. In reaching that conclusion We do not decide the question of mootness but leave the matter f``or the Superior Court, if`` an amended complaint is filed and that issue is raised. NOW, THEREFORE, IT IS HEREBY GRDERED that the judgment of the Superior Court is affirmed, except not With prejudice but With leave to file an amended complaint. This matter is remanded for further proceedings in accordance With this order. BY THE COURT: F\¢~M… Justice