NICOTRA v. SUSSEX COUNTY BOARD OF ADJUSTMENT, 840 A.2d 642 (Del. 2004)

No. 277, 2003.Supreme Court of Delaware.Submitted: October 23, 2003.
Decided: January 12, 2004.

Court Below — Superior Court of the State of Delaware, in and for Sussex County in C.A. No. 03A-02-001.

Before VEASEY, Chief Justice, HOLLAND and JACOBS,
Justices.

ORDER
E. NORMAN VEASEY, Chief Justice.

This 12th day of January 2004, upon consideration of the appellant’s opening brief and the appellee-Sussex County Board of Adjustment’s motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:

(1) In April 2003, the Superior Court considered the appellant’s appeal from a decision of the Sussex County Board of Adjustment that granted appellees-Eric and Christy Jones a variance from a side-yard setback requirement. The Superior Court dismissed the appeal for the appellant’s lack of standing. This appeal followed.

(2) The Court finds it manifest on the face of the opening brief that this appeal is without merit. The record supports the Superior Court’s factual findings, and this Court can discern no legal error of law or abuse of discretion in the Superior Court’s dismissal of the appeal.

(3) The Superior Court’s judgment should be affirmed on the basis of, and for the reasons set forth in, the well-reasoned decision dated April 25, 2003. The interests of justice do not require this Court to consider the appellant’s claims that are raised for the first time on appeal.[*]

NOW, THEREFORE, IT IS ORDERED that appellee-Sussex County Board of Adjustment’s motion to affirm is GRANTED pursuant to Supreme Court Rule 25(a). The judgment of the Superior Court as to appellees-Eric and Christy Jones is AFFIRMED, sua sponte,
pursuant to Supreme Court Rule 25(b).