GALLEN v. NEW CASTLE COUNTY, 839 A.2d 665 (Del. 2003)

W. FRANCIS GALLEN and STEPHANIE A. GALLEN, Defendants Below, Appellants, v. NEW CASTLE COUNTY, Plaintiff Below, Appellee and SMP CAPITAL TRUST, Intervenor Below, Appellee.

No. 311, 2003.Supreme Court of Delaware.Submitted: November 4, 2003.
Decided: November 12, 2003.

Court Below: Superior Court of the State of Delaware in and for New Castle County, C.A. No. 02T-04-015.

Before VEASEY, Chief Justice, BERGER, and STEELE, Justices.

ORDER
MYRON T. STEELE, Justice

This 12th day of November, 2003, upon consideration of the briefs of the parties, and given our standard of review it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its Opinion dated May 27, 2003.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT.