IN THE SUPREME COURT OF THE STATE OF DELAWARE
BARRY COVINGTON AND §
SHARON COVINGTON, § No. 23, 2017
§
Appellants Below, §
Appellants, §
§ Court Below – Superior Court
v. § for the State of Delaware
§
THE BOARD OF ADJUSTMENT § C.A. No. S16A-05-002
OF THE CITY OF REHOBOTH §
BEACH, §
§
Appellee Below, §
Appellee. §
Submitted: August 16, 2017
Decided: August 29, 2017
Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.
ORDER
This 29th day of August 2017, after careful consideration of the parties’ briefs
and the record on appeal, we affirm the Superior Court’s judgment on the basis of
its ruling on the pending ordinance doctrine and therefore do not need to address the
Board’s argument that the City is an indispensable party.
NOW, THEREFORE, IT IS ORDERED that the final judgment of the
Superior Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice