Delaware Code

9 Del. C. § 1314 (2026)

Judicial review of Board of Adjustment decisions; procedure

✓ current as of May 2026

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(a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court.

(c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.

(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified.

(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.

9 Del. C. 1953, § 1353; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 2015–2023 · leading case: Rudenberg v. The Chief Deputy Attorney Gen. of the Delaware Dep't of Just. (Del. Super. Ct. 2016).

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Rudenberg v. The Chief Deputy Attorney Gen. of the Delaware Dep't of Just. (Del. Super. Ct. 2016). · cites it 3× “For example, the Superior Court is statutorily authorized by 9 Del. C. § 1314(e) to consider additional facts in appeals from the New Castle County Board of Adjustment.”

Rapp v. New Castle Cnty. Bd. of Adjustment (Del. Super. Ct. 2022). · cites it 2× “62 In their brief, the Rapps extract comments various Board members made during the Board’s deliberations to argue that the Board misapplied the applicable legal standards.”

DiFebo v. Bd. of Adjustment of (Del. 2016). “17, 2015); see also 9 Del. C. § 1314(a) (“Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal…”

Schlosser & Dennis, LLC v. City of Newark Bd. of Adjustment (Del. Super. Ct. 2016). “‟”6 However, Schlosser contends that this Court does have jurisdiction over the appeal because it filed the petition for writ of certiorari within 30 days, as is required under 9 Del. C. § 1314(a). Schlosser further asserts that the “Delaware Supreme Court has [] made clear that…”

Markert, Jr. v. Bd. of Adjustment of the City of Rehoboth Beach (Del. Super. Ct. 2022). “26 9 Del. C. § 1314(f); Dexter, 1996 WL 658861 , at *3.”

Schafer v. Kent Cnty. Dep't of Plan. Servs. (Del. Super. Ct. 2023). “, 9 Del. C. § 1314(a) (granting a right of review by writ of certiorari in New Castle County land use decisions requested within thirty days).”

Snyder (Del. Super. Ct. 2015). “47 9 Del. C. § 1314(f). 17 review, the Court must find that an error of law occurred because the record below shows that the tribunal “proceeded illegally or manifestly contrary to law.”

— 9 Del. C. § 1314(a) — 4 cases

Rapp v. New Castle Cnty. Bd. of Adjustment (Del. Super. Ct. 2022). “62 In their brief, the Rapps extract comments various Board members made during the Board’s deliberations to argue that the Board misapplied the applicable legal standards.”

— 9 Del. C. § 1314(e) — 1 case

Rudenberg v. The Chief Deputy Attorney Gen. of the Delaware Dep't of Just. (Del. Super. Ct. 2016). “For example, the Superior Court is statutorily authorized by 9 Del. C. § 1314(e) to consider additional facts in appeals from the New Castle County Board of Adjustment.”

— 9 Del. C. § 1314(f) — 3 cases

Markert, Jr. v. Bd. of Adjustment of the City of Rehoboth Beach (Del. Super. Ct. 2022). “26 9 Del. C. § 1314(f); Dexter, 1996 WL 658861 , at *3.”

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