Preview:

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY


SALEM CHURCH (DELAWARE) :
ASSOCIATES, a Delaware general :
partnership, :
:
Plaintiff, :
:


   v. : C.A. No. 20305-NC
: NEW CASTLE COUNTY, a political : subdivision of the State of Delaware,  : and THE STATE OF DELAWARE, :
: Defendants. :

MEMORANDUM OPINION
Date Submitted: May 16, 2006 Date Decided: October 6, 2006
Richard L. Abbott, Esquire, Abbott Law Firm, Hockessin, Delaware, Attorney for Plaintiff.
Collins J. Seitz, Jr., Esquire and Max B. Walton, Esquire, Connolly Bove Lodge & Hutz LLP, Wilmington Delaware, and Gregg E. Wilson, Esquire, New Castle County Office of Law, New Castle, Delaware, Attorneys for Defendant New Castle County.  
Frederick H. Schranck, Esquire, Deputy Attorney General, Dover, Delaware, Attorney for Defendant State of Delaware.
NOBLE, Vice Chancellor

I. INTRODUCTION

A developer, in 1987, purchased approximately 100 acres of undeveloped property in New Castle County, Delaware from landowners who, thirteen years earlier, had obtained exploratory sketch plan approval for the development of more than 600 residential units. The land remained fallow for many years afterwards. In an attempt to begin again the process of obtaining final approval for the subdivision project, the developer made several unsuccessful attempts to obtain approvals for the two remaining development stages

Download 82810.pdf

Delaware Law