DiFebo v. Board of Adjustment of

Summary

The Supreme Court of Delaware affirmed dismissal of DiFebo’s amended petition challenging a zoning variance. It held that the amendment could potentially relate back if the requirements of Superior Court Civil Rule 15(c)(3) were satisfied within the applicable 120-day service period, rather than within the thirty-day limitations period. The court nevertheless concluded that DiFebo failed to establish a qualifying mistake concerning the property owners’ identities, and it declined to consider whether Delaware should adopt a more expansive approach because that issue was not fairly presented.