KZ Forever, LLC v. City of Dover City Council, K16A-02-001 WLW

KZ Forever, LLC purchased property at 2 S. Queen St., Dover, in Feb 2015; city had a prior code‑enforcement history and later identified multiple violations.
City code enforcement sent a violation letter (Nov 5, 2015) listing required corrective actions and set a follow‑up inspection date; Director Townshend sent a separate notice identifying alleged violations under Dover's Dangerous Building Ordinance and set three specific remediation requirements with a Nov 19 deadline and a five‑day appeal right.
Petitioner requested 90 days (Nov 17) and later submitted a structural engineer’s report, contractor proposals, and an electrical receipt; the City found submissions inadequate.
Council held hearings (Dec 9, 2015; Jan 11, 2016), heard testimony, and voted to adopt staff recommendations declaring the building dangerous and ordering demolition by a date certain.
The Council did not draft or vote on written findings of fact or reduce its demolition order to a written order; a staff letter sent after the meeting purported to state the Council’s findings and order.
Petitioner sought certiorari; Superior Court reviewed whether Council’s failure to issue written findings and a written order complied with Dover ordinances and due process.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether notice/hearing violated due process	Notice was substantively insufficient under Dover Code §§22‑384(5)‑(6) and deprived due process	Notice complied with ordinance and due process; alternatively plaintiff waived the issue by not raising it below	No due process violation found; record shows notice and opportunity to be heard
Whether plaintiff waived ordinance‑based notice claims	Plaintiff contends council notice was defective	Council says plaintiff failed to raise the specific notice defects at the Council hearing so claims were waived	Plaintiff waived notice claims by not raising them before Council
Whether Council was required to enter written findings of fact	Plaintiff argues Council failed to produce required written findings supporting demolition	Council contends minutes/staff letter suffice or that procedure was followed	Council acted irregularly by not issuing written findings of fact as required by ordinance; reversal warranted
Whether the demolition order was valid without a written order	Plaintiff asserts no valid council order absent written order	Council points to vote adopting staff recommendation as ordering demolition	Voting alone insufficient; Council must reduce order to writing—staff letter cannot substitute; order reversed

Handloff v. City Council, 935 A.2d 255 (Del. 2007) (describes certiorari review scope and limitations on weighing evidence)
Christiana Town Ctr., LLC v. New Castle County, 865 A.2d 521 (Del. 2004) (discusses certiorari review and need for adequate record)