Black v. New Castle Cty. Bd. of License, Inspection & Review

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This case arose when Henry and Mary Lou Black and Blackball Properties, LLC (collectively, the “Blacks”), challenged the Department of Land Use's decision to grant a change of use certificate to neighboring property owners, Gary Staffieri and Adria Charles-Staffieri, to the New Castle County Board of License, Inspection and Review. The Staffieris had rented out the property for use as office space for approximately ten years before deciding to open an automobile detailing shop on the premises, which required them to obtain a change of use certificate from the Department. When the Staffieris first received their certificate from the Department, the Blacks successfully appealed and the Board reversed the Department's decision. But the Staffieris reapplied, the Department once again issued their certificate, and this time, the Board affirmed the Department's decision. The Blacks were unable to appeal the Board's decision to a reviewing court because the General Assembly chose not to provide that right to parties aggrieved by a Board decision. The Blacks therefore sought review by writ of certiorari filed at the Superior Court. The Superior Court granted the writ and affirmed the Board. The Supreme Court, after its review, found no reversible error and affirmed the Superior Court. View "Black v. New Castle Cty. Bd. of License, Inspection & Review" on Justia Law