Mary Sue Difebo, Petitioner Below-Appellant v. Board of Adjustment of New Castle County, Richard Paverd, Bridget…

Summary

The Supreme Court of Delaware affirmed dismissal of DiFebo’s amended petition challenging a zoning variance decision. It held that the amendment could relate back within the 120-day service period rather than only within the thirty-day statutory filing period, but DiFebo still failed to satisfy the relation-back requirement that her omission resulted from a mistake concerning the property owners’ identities. The court did not decide whether Delaware should adopt a more permissive approach because that argument was not fairly presented below or on appeal.