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32 results for '* topic:"Land Use and Planning"' You can use Search Constraints to get even better search results
Publication Date: 2024-08-06
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Robinson
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for petitioner.
for defendant: Daniel A. Griffith, Thomas Wallace, Whiteford, Taylor & Preston, LLC, Wilmington, DE for respondents.
Case Number: S22C-11-016 RHR
Court remanded denial of rezoning application where city commissioners failed to adequately explain the legal reasons for denying the application.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Energy | Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.
Case Number: N23C-03-196 VLM
Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
Case Number: N23C-03-181 CEB
The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.
Publication Date: 2023-06-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
Case Number: K22C-11-014 JJC
Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.
Publication Date: 2023-02-14
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for plaintiff.
for defendant: Max B. Walton, Lauren P. DeLuca, Erica K. Sefton, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2021-1106-MTZ
Chancery court lacked subject matter jurisdiction over challenge to denial of special use permit by city council, which had acted in quasi-judicial capacity in denying the permit application and thus allowed for a remedy at law.
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Publication Date: 2022-10-11
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.
Case Number: S22A-02-003 CAK
Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.
Publication Date: 2022-08-09
Practice Area: Land Use and Planning
Industry: Chemicals and Materials | Manufacturing | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Richard A. Forsten, Pamela J. Scott, Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Stephen A. Swedlow, Athena D. Dalton, Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL for appellant.
for defendant: Mary A. Jacobson, Nicholas J. Brannick, New Castle County Office of Law, New Castle, DE for appellee.
Case Number: D69910
Lack of proper notice of zoning amendment could not render challenge to county ordinance timely under statute of repose where tolling was not applicable to statutes of repose.
Publication Date: 2022-08-02
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: David C. Hutt, R. Eric Hacker, Michelle G. Bounds, Morris James LLP, Georgetown, DE for appellants.
for defendant: Frederick A. Townsend, III, D. Barrett Edwards, IV, Hudson, Jones, Jaywork & Fisher LLC for appellee.
Case Number: D69907
City erred in denying application to install unroofed exit walkway on property due to exceeding floor area/parking requirements, where local zoning code did not unambiguously include such walkways within the definition of space counting towards gross floor area
Publication Date: 2022-06-28
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Timothy G. Willard, Fuqua, Willard & Schab, P.A., Georgetown, DE for appellant.
for defendant: Adria B. Martinelli, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D69869
Failure to name objecting neighbors in notice of appeal from denial of variance constituted a jurisdictional defect as the neighbors were indispensable parties who had an interest in the outcome of the appeal.
Publication Date: 2021-10-27
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Richard A. Forsten, Pamela J. Scott, Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for plaintiff.
for defendant: Max B. Walton, Lisa R. Hatfield, Connolly Gallagher LLP, Newark, DE for defendant.
Case Number: D69584
Plaintiff did not reasonably rely on previous city ordinances such that his rights did not become vested.
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