April 1, 2010
SHAWN RILEY AND MARGARET RILEY, H/W, APPELLANTS
COUNTY OF DELAWARE
The opinion of the court was delivered by: Bonnie Brigance Leadbetter, President Judge
NOW, April 1, 2010, having considered appellee's application for reargument and appellants' response, the application is denied.
The legal question of whether the sidewalk exception applies based on the on/of distinction is an issue that was not raised or developed before the trial court in the County of Delaware's second motion for summary judgment; was not addressed by the trial court in its order granting summary judgment; and was not raised or developed before this Court on appeal. Our order dated February 9, 2010 stating that the "matter is remanded to the trial court for further proceedings" was not intended to prohibit a proper filing raising this issue on remand.
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