PRESS RELEASE: Court of Chancery Rules Wilmington City Council Had No Authority to Remove Spadola
September 18, 2026
Court of Chancery Rules Wilmington City Council Had No Authority to Remove Spadola
Chancellor McCormick calls resolution a “clear misuse of Council Authority” and permanently blocks it from taking effect
Wilmington, DE – The Delaware Court of Chancery ruled Thursday that Wilmington City Council lacked authority under the City Charter to remove Council Member At-Large James Spadola from office because he changed his political party registration.
Chancellor Kathaleen McCormick granted Spadola’s motion for summary judgment, denied the defendants’ motion, and permanently enjoined Council from implementing the resolution that purported to declare his seat vacant. The Court concluded: “The Congo Resolution exceeds the Council’s authority.”
The opinion was equally direct at the outset:
“Because the resolution is a clear misuse of Council authority, it is invalid, and this decision grants Spadola’s motion on that basis alone.”
The dispute began after Spadola changed his voter registration from Republican to Democrat in September 2025. Months later, in February, Council President Ernest “Trippi” Congo II demanded that Spadola switch back to the Republican Party and stated that Council would declare his seat vacant if he did not. Spadola did not comply. Congo later proposed the resolution seeking Spadola’s removal.
The Court found that Spadola continues to satisfy the qualifications for Council membership. The Court wrote that even when the Charter is read as a whole, it “does not justify converting Section 2-101’s express guidance on elections and vacancies into a secret prohibition on post-election party-switching.” McCormick wrote that “Defendants’ interpretation finds no support in the Charter’s structure” and “also finds no footing in the Charter’s plain language.”
The opinion concluded:
“The Charter does not expressly impose a post-election party-switching prohibition, and this decision will not imply one.”
“This is a major victory for the voters of Wilmington and for a basic principle of representative government: the people choose their elected officials and legislative bodies should respect those results,” said Spadola. “A Council resolution cannot simply undo the result of an election when the Charter gives Council no authority to do so. Whatever your party, elections belong to the voters.”
Spadola added: “I believed from the beginning that the Charter was clear, as did multiple city solicitors. I’m grateful that the Court has now resolved that question decisively, and I’m ready to keep doing the job Wilmington residents elected me to do.”
The opinion also quoted a 1963 Pennsylvania Supreme Court decision stating:
“Once a person assumes public office he becomes the representative of all his constituents and not merely those who voted for him or happen to belong to his political party.”
Spadola was represented by William B. Larson Jr., James C. Carignan, and Wade A. Bredin of MG+M The Law Firm.
The case is Spadola v. Congo, C.A. No. 2026-0563-KSJM, Delaware Court of Chancery.
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MEDIA CONTACT:Yesenia TaverasDirector of Communications, Wilmington City CouncilOffice: (302)576-2585
Mobile: (302)757-5748Email: ytaveras@wilmingtonde.govCity Council Website: www.wilmingtoncitycouncil.com