Delaware Code Title 10 Sec. 7106 – Jurisdiction; complaint; notice of lis pendens
(a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located.
Terms Used In Delaware Code Title 10 Sec. 7106
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the Superior Court of the State of Delaware. See Delaware Code Title 10 Sec. 7103
- Criminal nuisance: means any real property at which:
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- premises: includes any building, structure, erection, or any separate part or portion thereof, whether used as a residence, for commercial purposes or a house of worship, or the ground itself. See Delaware Code Title 10 Sec. 7103
(b) At or before the commencement of the action a verified complaint alleging the facts constituting the criminal nuisance shall be filed in the office of the prothonotary of Superior Court, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Such notice of lis pendens shall be immediately recorded by the prothonotary.
(c) The Court shall have in rem jurisdiction over the premises alleged to be a criminal nuisance, and the complaint initiating the civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number and street address, or by such means as are appropriate in the circumstances.
30 Del. Laws, c. 234, § ?4; Code 1935, § ?5275; 10 Del. C. 1953, § ?7104; 72 Del. Laws, c. 484, § ?1; 78 Del. Laws, c. 161, §§ ?11, 12;