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CAREY v. SHELLBURNE, INC.

224 A.2d 400 (1966)

Harry L. CAREY, Agnes T. Carey, James M. Fooks, Frances H. Fooks, Plaintiffs Below, Appellants, v. SHELLBURNE, INC., a Delaware corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Petition for Re-Argument Denied November 29, 1966.

Attorney(s) appearing for the Case

John M. Bader, Wilmington, for plaintiffs below, appellants.

Donald W. Booker, Wilmington, for defendant below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

The plaintiffs, lot owners in the development known as Shellburne, appeal from dismissal of their action to enjoin the defendant land developer from using retained lands for commercial purposes. See 215 A.2d 450.

The determinative questions on the appeal are (1) whether the facts establish a neighborhood residential plan for Shellburne; and (2) whether a restrictive...

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