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SHELLBURNE, INC. v. BUCK

240 A.2d 757 (1968)

SHELLBURNE, INC., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. C. Douglas BUCK, Jr., et al., Defendants Below, Appellees.

Supreme Court of Delaware.

April 2, 1968.

Attorney(s) appearing for the Case

Donald W. Booker of Booker, Leshem, Green & Shaffer, Wilmington, for appellant.

Harvey B. Rubenstein and Clarence Taylor, Wilmington, for appellees.

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

WOLCOTT, Chief Justice.

This is an appeal by Shellburne, Inc. from the dismissal of a complaint by the Vice Chancellor. The relief sought is an injunction against the County Council of New Castle County entertaining any ordinance to rezone the plaintiff's land from the classification of C-1 to R-1-C, and compelling the issuance of a building permit for commercial construction under the County Building Code. The action was dismissed on the ground that it was premature...

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