330 Hospitality Group, LLC v. The City of Rehoboth Beach ( 2024 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
330 HOSPITALITY GROUP, LLC, §
§
Petitioner Below, § No. 338, 2024
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
THE CITY OF REHOBOTH BEACH, a § C.A. No. S22C-11-016
municipal corporation, THE BOARD OF §
COMMISSIONERS OF REHOBOTH §
BEACH, the governing body of The City §
of Rehoboth Beach, and THE §
PLANNINING COMMISSION OF §
REHOBOTH BEACH, §
§
Respondents Below, §
Appellees. §
Submitted: September 4, 2024
Decided: October 1, 2024
Before VALIHURA, TRAYNOR, and LEGROW, Justices.
ORDER
Upon consideration of the notice to show cause and the parties’ responses, it
appears to the Court that:
(1) 330 Hospitality Group, LLC (“330”) filed this appeal from the Superior
Court’s opinion remanding the matter for the City of Rehoboth Beach (“City”) to
hold a new hearing on 330’s application for a rezoning application. The Superior
Court concluded that a new hearing was necessary because the City failed to create
a proper record of the first hearing for review of 330’s petition for a writ of certiorari
from the denial of its rezoning application. The Senior Court Clerk issued a notice
directing 330 to show cause why this appeal should not be dismissed for its failure
to comply with Supreme Court Rule 42 when taking an appeal from an apparent
interlocutory order.
(2) In response to the notice to show cause, 330 contends that the Superior
Court’s decision is arguably final because the Superior Court did not retain
jurisdiction and remanded the matter for the City to hold a new hearing instead of
correcting or addressing defects in its previous decision. The City, Board of
Commissioners of Rehoboth Breach, and Planning Commission of Rehoboth Beach
argue that the Superior Court’s decision is not final because the matter was remanded
for further proceedings.
(3) Absent compliance with Rule 42, this Court is limited to the review of
a trial court’s final judgment.1 “A final judgment is generally defined as one that
determines the merits of the controversy or defines the rights of the parties and leaves
nothing for future determination or consideration.”2 The Superior Court’s opinion
is not final because 330’s entitlement to a rezoning application has not been
1
Julian v. State, 440 A.2d 990, 991 (Del. 1982).
2
Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del.1958).
2
determined.3 Because 330 has not complied with the requirements of Rule 42, this
interlocutory appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),
that this appeal is DISMISSED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
3
See, e.g., Mayor & Town Council of Town of Elsmere v. DiFrancesco, 953 A.2d 128, 130 (Del.
2007) (holding that the Superior Court’s order remanding the matter to the town council was final
because the town council could take no further action other than grant the application for
subdivision); Del. Dep’t of Health & Soc. Servs. v. Dolinger, 1999 WL 504324, at *1 (Del. Mar.
16, 1999) (concluding that “the Superior Court’s order remanding the matter back to the DSS
Hearing Officer for a new hearing is clearly an interlocutory order”); New Castle Cty. Dep’t. of
Fin. v. Jefferson Plaza P’ship, 1994 WL 632635, at *1 (De. Nov. 7, 1994) (holding that a Superior
Court decision remanding the matter for assessment board to rule on the merits of certain tax
appeals was interlocutory).
3