Barry M. Klayman, left, and Mark E. Felger, right. Courtesy photos VC Glasscock on the Evolution of the Vested Rights Doctrine in Delaware
The vested rights doctrine allows a property developer to proceed with a project under the rules and regulations in place at the time that its rights vested, despite subsequent changes to the law.
December 08, 2021 at 09:01 AM
8 minute read
The vested rights doctrine allows a property developer to proceed with a project under the rules and regulations in place at the time that its rights vested, despite subsequent changes to the law. The concept derives from common law and is an equitable doctrine. In Ocean Bay Mart v. The City of Rehoboth Beach, Delaware, C.A. No. 2019-0467-SG (Del. Ch. Oct. 13, 2021), Vice Chancellor Sam Glasscock traced the evolution of the vested rights doctrine in Delaware and sought to clarify its application despite a "tangled" history.
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