Supreme Court of Delaware

Jmer Properties, LLC v. the State of Delaware Department of Transportation

January 30, 2023

Summary

The Supreme Court of Delaware affirmed dismissal of JMER Properties' declaratory and injunctive action as unripe. DelDOT's final Traffic Impact Study Review Letter was conditional and represented only one step in the Medings' approval process, with several further approvals and contingencies remaining before construction could occur.