ADJILE v. CITY OF WILMINGTON, 388 (Del. 12-28-2010)

ADJILE, INC., STANLEY WOJCIECHOWSKI, HERSHEY WOJCIECHOWSKI, READWAY, INC., TRUSTEE, WALTER LOWICKI, TRUSTEE OF WALTER LOWICKI REVOCABLE TRUST, JANEVE CO., INC., Petitioners Below, Appellants, v. CITY OF WILMINGTON, a municipal corporation under the laws of the State of Delaware, DEPARTMENT OF LICENSES AND INSPECTIONS, JEFFREY J. STARKEY, Commissioner, BOARD OF LICENSE AND INSPECTION REVIEW, DONALD L. GOUGE, JR., Chairman, Respondents Below, Appellees.

No. 388, 2010.Supreme Court of Delaware.Submitted: October 27, 2010.
Decided: December 28, 2010.

Court Below: Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 09A-05-004.

Before STEELE, Chief Justice, BERGER andJACOBS, Justices.

ORDER
CAROLYN BERGER, Justice.

This 28th day of December, 2010, on consideration of the briefs of the parties, it appears to the Court that:

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(1) This is appellants’ fifth appeal in six years relating to vacant property fees assessed by the City of Wilmington. The Superior Court determined that three claims were barred on the ground of res judicata and collateral estoppel. The trial court held that the remaining claims lacked merit.

(2) Appellants moved for reargument, but their motion was denied as untimely.

(3) After carefully considering appellants’ arguments on appeal, we conclude that the judgments of the Superior Court should be affirmed on the basis of its well-reasoned decisions dated March 31, 2010 and May 28, 2010.

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgments of the Superior Court be, and the same hereby are, AFFIRMED.

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