Supreme Court of Delaware
In the Matter of the Petition of Aishia Simms for a Writ of Warranto
February 9, 2024
Summary
The Court dismissed Simms's original-jurisdiction petition for a writ of quo warranto challenging a Justice of the Peace magistrate's authority in a residential summary-possession action. The petition was procedurally barred because Simms had not first sought and been denied a writ by the Superior Court, and it also lacked merit because the magistrate had been reappointed. The Court further explained that quo warranto cannot provide relief for alleged legal errors in the underlying summary-possession proceeding.