Justin E. Curley v. Division of Motor Vehicles, Scott Vien, Director of Division of Motor Vehicles, CPU5-17-000276

DMV suspended Justin E. Curley’s driver’s license for six months under 21 Del. C. § 2733(a)(5) after finding he fraudulently obtained a license by misrepresentation (21 Del. C. § 2751(a)).
Curley appealed the suspension to the Court of Common Pleas (Kent County).
The Court sua sponte raised jurisdictional questions and ordered written briefing on whether the Court of Common Pleas may hear appeals of suspensions under 21 Del. C. § 2733.
Curley argued the Court of Common Pleas has jurisdiction under 21 Del. C. § 2734 and alternatively under the Administrative Procedure Act (29 Del. C. § 10142).
DMV argued § 2734 does not cover suspensions and the APA’s general appeal provision (§ 10142) does not apply to DMV because DMV is not among the agencies listed in 29 Del. C. § 10161(a).
The Court concluded it lacks jurisdiction to hear appeals of DMV suspensions under § 2733 and dismissed Curley’s appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 21 Del. C. § 2734 confers jurisdiction to the Court of Common Pleas to hear appeals of DMV suspensions	Curley: § 2734 permits appeal of DMV action (filed the appeal under § 2734)	DMV: § 2734 provides appeals for denials or revocations, not suspensions	Court: § 2734 does not cover suspensions; no jurisdiction under § 2734
Whether 29 Del. C. § 10142 (APA) gives Curley a right to appeal to the Court of Common Pleas	Curley: alternatively, APA § 10142 grants a general right to appeal administrative decisions	DMV: APA § 10142 does not apply to DMV because DMV is not listed in § 10161(a); appeals under § 10142 are to the Superior Court, not the Court of Common Pleas	Court: APA § 10142 does not provide Curley a right to appeal to the Court of Common Pleas; no jurisdiction under the APA

Broughton v. Warren, 281 A.2d 625 (Del. Ch. 1971) (holds § 2734 does not permit appeals from license suspensions)