Brookview Associates Petition for A Writ of Prohibition, Matter of
| Citation | 506 A.2d 569 |
| Parties | In the Matter of BROOKVIEW ASSOCIATES' PETITION FOR A WRIT OF PROHIBITION. . Submitted: |
| Decision Date | 31 October 1985 |
| Court | Superior Court of Delaware |
Petition for a Writ of Prohibition. Petition granted.
Richard A. Levine of Young, Conaway, Stargatt & Taylor, Wilmington, and Richard R. Wier, Jr. of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for petitioner.
James J. Hanley, and Malcolm S. Cobin, Wilmington, for respondent.
This is an action by the owners 1 of Brookview Apartments, an apartment complex located at 3602 Philadelphia Pike, Claymont, Delaware, to obtain a writ of prohibition directed to Justice of the Peace Court No. 15 to prohibit that Court from issuing an inspection warrant to allow the Division of Boiler Safety to inspect the boilers at Brookview. 2
A writ of prohibition is an extraordinary remedy available under limited circumstances.
A writ of prohibition is a writ to prevent the exercise by a tribunal, possessing judicial powers, of jurisdiction over matters not within its cognizance, or exceeding its jurisdiction in matters of which it has cognizance. Knight v. Haley, Del.Super., 176 A. 461, 464 (1934).
The writ is one which is only issued in the sound exercise of discretion by the trial court. Id. 465.
It is also clearly established that the writ will not issue where there is an adequate remedy for review of the action of the tribunal in question. Canaday v. Superior Court, Del. Supr., 116 A.2d 678, 682 (1955). Likewise, it has been held:
While the inadequacy of other remedies is a prerequisite to a writ of prohibition, that factor does not automatically trigger its issuance. Rather, a two-pronged standard applies which focuses on the exercise of jurisdiction by the lower tribunal as well as on the inadequacy of remedies. Milford School District v. Whiteley, Del.Super., 401 A.2d 951, 953 (1979).
The petition brought by Brookview raises issues as to the adequacy of any remedy for a search warrant/inspection warrant purportedly issued improperly by a Justice of the Peace 3; as well as the question of the jurisdiction of the Justice of the Peace Court to issue such a warrant.
The jurisdictional grant of authority to issue a search warrant is found at Title 11, § 2305. That section enumerates the items or objects for which a search warrant may issue. Included in that list are:
(5) Papers, articles or things which are of an evidentiary nature pertaining to the commission of a crime or crimes. 11 Del.C. § 2305(5).
The statute authorizes a Justice of the Peace to issue a search warrant for any of those listed items. 11 Del.C. § 2304.
It is clear that Justices of the Peace are constitutional courts with purely statutory jurisdiction. State v. Hatton, Del.Super., 114 A.2d 651 (1955). There is "no authority for the claim that, in this State, Magistrates' Courts are Courts of general jurisdiction." Id. at 652. Thus, Justice of the Peace Court only has such jurisdiction as is expressly conferred upon it by statute.
It is provided by statute that any violation of "any of the rules, regulations or requirements of the Division of Boiler Safety" may result in a fine and/or a period of incarceration. 16 Del.C. § 8503. Thus, a violation of the rules or regulations of the Division would constitute a crime. Evidence of such a crime would be the proper subject matter for issuance of a search warrant pursuant to 11 Del.C. §§ 2304, et sequi. Thus, a warrant sought pursuant to Chapter 23 of Title 11 would be within the subject jurisdiction of Justice of the Peace Court.
It must be noted, however, that this Court has long recognized:
Justices of the peace ought to know that they have no powers, or jurisdiction, excepting such as are conferred upon them by statute, and that those conferred by statute can be exercised only in the manner, and as provided by statute.
They have but to consult the statute, and to proceed according to the manner therein clearly set forth, in order to perform their official duties properly, and with satisfaction to the several communities in which they reside.
In re Thorne, Del.Super., 93 A. 557, 558 (1915).
Thus, a Justice of the Peace is required to exercise his jurisdiction in a manner consistent with the statute authorizing such power; in this case, the provisions of Chapter 23, Title 11. A magistrate may only issue a search warrant when the procedures provided in Chapter 23 are followed.
In this case, the document issued by Justice of the Peace Court No. 15 is entitled, "Inspection Warrant". The body of the warrant indicates that the Court found "probable cause sufficient to justify administrative inspection of heating boiler in the area, premises, buildings known as:
Brookview Apartments
approximately 75 buildings
located at:
3602 Philadelphia Pike
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Myers v. Medical Center of Delaware, Inc.
...48 S.Ct. 74, 72 L.Ed. 231 (1927)). The State of Delaware has recognized and codified these legal principles. See In re Brookview Assocs., 506 A.2d 569, 571 (Del.Super.Ct.1986) (citing Del.Code Ann. tit. 11, §§ 2306-07 (1998)). In fact, as Section 2307 specifically provides, the "warrant sha......
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Paolino v. Industrial Acc. Bd.
...Court of Wilmington, Del.Supr., 256 A.2d 674, 675 (1969) (discretion on question of adequacy of remedy by appeal): In Re Brookview Assocs., Del.Super., 506 A.2d 569 (1986). Beyond the obvious no jurisdiction case, issuance of prohibition is largely influenced by equitable principles and it ......