Supreme Court of Delaware

Karpoff v. Sussex County Board of Adjustment

May 12, 2025

Summary

The Court affirmed dismissal of Karpoff’s mandamus petition because he had not exhausted the available administrative process and could seek review of adverse Board rulings in the Superior Court. The Court held that the requested procedures concerning subpoenas, witness examination, the record, and recusal were either discretionary matters or issues reviewable after a final Board decision, and that the delay did not warrant mandamus because Karpoff contributed to it. The Court stated that Karpoff may file a new petition if the Board fails to schedule and hold a hearing within a reasonable time.