IN THE SUPREME COURT OF THE STATE OF DELAWARE

DELAWARE DEPT. OF § NATURAL RESOURCES AND § ENVIRONMENTAL CONTROL, § and DAVID S. SMALL, § § No. 552, 2015 Defendants-Below, § Appellants, § § Court Below: Superior Court v. § of the State of Delaware § W. WAYNE BAKER, CHRISTIAN § C.A. No. S13C-08-026 HUDSON, JAMIN HUDSON, § JOHN F. CLARK, HOLLYVILLE § FARMS, LLC, and ROUTE 24 CJ, § LLC, § § Plaintiffs-Below, § Appellees. § Submitted: April 13, 2016 Decided: April 15, 2016 Before HOLLAND, VAUGHN, and SEITZ, Justices.

ORDER This 15th day of April, 2016, after careful consideration of the parties’ briefs and the record on appeal, we find it evident that the judgment of the Superior Court should be affirmed on the basis of and for the reasons assigned by the Superior Court in its October 7, 2015 Memorandum Decision.

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

BY THE COURT: /s/ Collins J. Seitz, Jr. Justice