§ 7008 — Appeals to Superior Court

Any person aggrieved by a final order of the State Coastal Zone Industrial Control Board under § 7007 of this title may appeal the Board’s decision to Superior Court in and for the county of the location of the land in question. Likewise, the Secretary of the Department of Natural Resources and Environmental Control may appeal from any modification by the Board of his or her ruling. The appeal shall be commenced by filing notice thereof with Superior Court not more than 20 days following announcement of the Board’s decision. The Court may affirm the Board’s order in its entirety, modify same or reverse said order. In either case, the appeal shall be based on the record of proceedings before the Board, the only issue being whether the Board abused its discretion in applying standards set forth by this chapter and regulations issued pursuant thereto to the facts of the particular case. The Superior Court may by rule prescribe procedure by which it will receive, hear and make disposition of appeals under this chapter. Provided, that no appeal under this chapter shall stay any cease and desist order or injunction issued pursuant to this chapter.

Legislative History

7 Del. C. 1953, § 7008; 58 Del. Laws, c. 175 ; 61 Del. Laws, c. 116, § 88(c) ; 63 Del. Laws, c. 191, § 1(a), (b) ; 70 Del. Laws, c. 186, § 1