Delaware § 3911 Appeals

Delaware Statutes

§ 3911 — Appeals

Delaware·Title 7·Part Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands·Ch. 39 SOIL AND WATER CONSERVATION DISTRICTS·Subch. General Provisions

Any owner of land within the drainage area of the watershed or tax ditch involved, aggrieved by the Department’s action, may appeal to the Superior Court within 30 days after the date of the hearing. The sole grounds for reversal by the Court, sitting without a jury, shall be:

(1)Abuse of the Department’s discretion;

(2)Infringement of constitutional rights; or

(3)The impairment of vested rights of the complainant. In the event of such appeal, the Department shall be represented by the Attorney General of the State.

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Any owner of land within the drainage area of the watershed or tax ditch involved, aggrieved by the Department’s action, may appeal to the Superior Court within 30 days after the date of the hearing. The sole grounds for reversal by the Court, sitting without a jury, shall be:

(1) Abuse of the Department’s discretion;

(2) Infringement of constitutional rights; or

(3) The impairment of vested rights of the complainant.

In the event of such appeal, the Department shall be represented by the Attorney General of the State.

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