Delaware Code

10 Del. C. § 7106 (2026)

Jurisdiction; complaint; notice of lis pendens

✓ current as of May 2026
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(a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located.

(b) At or before the commencement of the action a verified complaint alleging the facts constituting the criminal nuisance shall be filed in the office of the prothonotary of Superior Court, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Such notice of lis pendens shall be immediately recorded by the prothonotary.

(c) The Court shall have in rem jurisdiction over the premises alleged to be a criminal nuisance, and the complaint initiating the civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number and street address, or by such means as are appropriate in the circumstances.

30 Del. Laws, c. 234, §  4;  Code 1935, §  5275;  10 Del. C. 1953, §  7104;  72 Del. Laws, c. 484, §  178 Del. Laws, c. 161, §§  11, 12
Notes of Decisions
Cited in 3 cases, 1963–1967 · leading case: State v. Sposato, 235 A.2d 841 (Del. Ch. 1967).
State v. Sposato, 235 A.2d 841 (Del. Ch. 1967). · cites it 4× “The question for decision is whether an order should issue under 10 Del.C. § 7106 (e) perpetually enjoining defendant Samuel Sposato from maintaining illegal gambling, contrary to 11 Del.”
State v. Amato, 213 A.2d 53 (Del. Ch. 1965). · cites it 3× “Plaintiff sought, inter alia, a permanent injunction under 10 Del. C. § 7106. In the first three actions filed (C.”
State v. Amato, 188 A.2d 243 (Del. Ch. 1963). “Since the court is concerned with testing the probability of the State's ultimate success I turn to the significant portion of 10 Del.C. § 7106 which provides as follows: "(b) In the action evidence of the general reputation of the place, or an admission, or finding of guilt of…”
— 10 Del. C. § 7106(e) — 2 cases
State v. Sposato, 235 A.2d 841 (Del. Ch. 1967). “The question for decision is whether an order should issue under 10 Del.C. § 7106 (e) perpetually enjoining defendant Samuel Sposato from maintaining illegal gambling, contrary to 11 Del.”
State v. Amato, 213 A.2d 53 (Del. Ch. 1965). “Plaintiff sought, inter alia, a permanent injunction under 10 Del. C. § 7106. In the first three actions filed (C.”
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