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DANIEL D. RAPPA, INC. v. ENGELHARDT

256 A.2d 744 (1969)

DANIEL D. RAPPA, INC., Daniel D. Rappa, Sallie Rosenberg and New Castle County, Defendants Below, Appellants, v. Eugene H. ENGELHARDT, Carol E. Engelhardt, Louis Backman, Marsha Backman, John W. Ireland and Beverly B. Ireland, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

July 30, 1969.

Attorney(s) appearing for the Case

H. Albert Young, Bruce M. Stargatt of Young, Conaway, Stargatt & Taylor, Frank O'Donnell of O'Donnell, Hughes & Lowicki, Wilmington, for Daniel D. Rappa, Inc., Daniel D. Rappa and Sallie Rosenberg, and Clarence W. Taylor, Wilmington, for New Castle County, appellants.

William Prickett of Prickett, Ward, Burt & Sanders, Wilmington, for appellees.

WOLCOTT, C. J., and CAREY, J., and STIFTEL, President Judge, sitting.

WOLCOTT, Chief Justice:

This is an appeal from a judgment of the Court of Chancery enjoining the action of the Levy Court of New Castle County in rezoning certain lands of Daniel D. Rappa, Inc.

The determinative question before us is: Did the savings clause of the 1966 Amendment to Article XX of the Zoning Code of New Castle County apply to petitions for zoning change which had been filed and finally acted upon by...

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