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BERTUCCI'S RESTAURANT v. NEW CASTLE COUNTY

C.A. No. 036-N.

836 A.2d 515 (2003)

BERTUCCI'S RESTAURANT CORP., a Massachusetts Corporation, Plaintiff, v. NEW CASTLE COUNTY, a political Subdivision of the State of Delaware, and New Castle County Department of Land Use, an agency of New Castle County, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: November 21, 2003.

Attorney(s) appearing for the Case

Richard L. Abbott, the Bayard Firm, Wilmington, Delaware; Shawn P. Tucker, Duane Morris LLP, Wilmington, Delaware, for the Plaintiff.

Collins J. Seitz, Jr., Max B. Walton, Scott G. Wilcox, Connolly, Bove, Lodge & Hutz, Wilmington, Delaware, for the Defendants.

MEMORANDUM OPINION AND ORDER

LAMB, Vice Chancellor.

I.

On November 12, 2003, the Court heard argument on the plaintiff's motion for a preliminary injunction. For the reasons explained in this opinion, the court has concluded that no injunctive relief is warranted at this time because the owner has not made a good faith effort to complete the permitting process. However, the motion will be...

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