Supreme Court of Delaware
Office of the Commissioner, Delaware Alcoholic Beverage Control, Appellant-Below, Appellant v. Appeals Commission…
June 2, 20152015 Del. LEXIS 263
Summary
The Court affirmed dismissal of the ABC Commissioner's appeal because Title 4 did not authorize the Commissioner to seek Superior Court review of the Appeals Commission's decision. The statutory scheme made the Appeals Commission the final agency reviewer and did not treat the first-level Commissioner as a party aggrieved by reversal of his decision. The Court therefore did not reach the merits of Hak's license application.