Supreme Court of Delaware

Riverfront Hotel LLC v. Board of Adjustment of the City of Wilmington

April 29, 2019

Summary

The Court held that the appeal concerning the floor-area-ratio variance was moot because the hotel as actually configured could be built without that variance, and a speculative future subdivision did not create a ripe controversy. The Court rejected application of the capable-of-repetition exception because there was no reason to expect the mootness issue to recur. The landscaping variance remained justiciable because the permanent garage had not been completed, and the Court affirmed that variance.