SUPERIOR COURT

OF THE 

STATE OF DELAWARE

Charles E. Butler Leonard L. Williams Justice Center

 Resident Judge 500 North King Street, Suite 10400

 Wilmington, Delaware 19801-3733

 Telephone (302) 255-0656

September 16, 2020

Donald L. Gouge, Jr., Esquire

Donald L. Gouge, Jr., LLC

800 N. King Street, Suite 303

Wilmington, DE 19899-1674

Re: New Castle County Sheriff

Mr. Gouge:

The Court has your letter dated September 1, 2020 as well as an accompanying 

Petition to postpone real estate auctions to be conducted by the New Castle County 

Sheriff and to allow future real estate auctions to be conducted online. Your motion 

further recites the well-known history of the global Covid-19 pandemic and the 

response of the State and the Delaware Supreme Court. Finally, your motion advises 

that the sheriff has cancelled previous scheduled sheriff’s sales and seeks approval 

of those cancellations nunc pro tunc. 

The Court understands from your Petition that the sheriff normally conducts 

court-ordered sheriff’s sales inside the County Council chambers in the City/County 

building, but the chambers have been closed due to the Covid-19 outbreak. 
2

Although the sheriff has sought out alternative sights, he seeks an Order from the 

Court authorizing the sheriff to conduct the auctions online. 

Perhaps in an effort to comfort the Court that such an Order is within the 

mainstream of the Court’s business, you quote Burge v. Fidelity Bond Mortg. Co.

that the Court “has broad discretion in the supervision and review of sheriff’s 

sale[s].1 But as you know, the Burge case involved a clerical error in a bid, not the 

location of the bidding itself. As to the location, 10 Del. C. §4974 says that sheriff’s 

sales shall occur at the premises being sold or in a “public building” in the county 

seat. 

Thus, your query does not involve the Court’s exercise of discretion over the 

conduct of the sale, but rather seeks a Court ruling that interprets a statute of the 

General Assembly.2 Without the benefit of other or contrary viewpoints, a ruling on 

this record would set precedent that would be difficult to overcome by a party 

wishing to contest your desired statutory interpretation. In other words, what you 

seek is an advisory opinion. The Court resolves controversies with the aid of 

 

1 648 A.2d 414, 417 (Del. 1994)

2 Likewise, the citation to federal cases determining that an online auction satisfies 

the requirement of a “public sale” under a federal statute does little to advance the 

argument that the Court should interpret an online sale to satisfy the term “public 

building” in the Delaware Code. 
3

competing viewpoints and arguments. The Court is not in the business of rendering 

general legal advice and doing so is disapproved.

3

The Petition for a ruling that allows sheriff’s real estate auctions online must 

therefore be DENIED. This ruling is not on the merits of the argument and is 

without prejudice to the sheriff raising these arguments in a procedurally proper 

forum. 

IT IS SO ORDERED. 

 Resident Judge Charles E. Butler

 

3 See generally Stroud v. Milliken Enterprises, Inc. 552 A.2d 476, 479-81 (Del. 

1989)