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Tuesday S. BANNER, Appellant Below, Appellant/Cross-Appellee, v. DELAWARE DEPARTMENT OF HEALTH SOCIAL SERVICES, DIVISION FOR the VISUALLY IMPAIRED, Appellee Below, Appellee/Cross-Appellant, and the Merit Employee Relations Board, Appellee Below, Appellee.

Delaware Court of Errors and Appeals2018-07-18No. No. 449, 2017
192 A.3d 544

Authorities cited

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Opinion

majority opinion

Collins J. Seitz, Jr., Justice

This 18th day of July 2018, after careful consideration of the parties briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of, and for the reasons stated in, the Superior Courts well-reasoned decision dated September 29, 2017. Although we question the Superior Courts interpretation, in its September 28, 2015 decision reversing and remanding the decision of the Merit Employee Relations Board, of 29 Del. C. § 10122 to require twenty-days advance notice of a change in the start time of a previously noticed hearing due to weather conditions, we conclude that the cross-appeal is moot in light of our affirmance of the Superior Courts September 29, 2017 decision.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.