STATE EX REL. DANIEL D. RAPPA, INC. v. BUCK


275 A.2d 795 (1971)

STATE of Delaware on the Relation of DANIEL D. RAPPA, INC., and Sally Rosenberg Minnick, a/k/a Sally Rosenberg, Petitioners, v. C. Douglass BUCK, Jr., President of the County Council and W. Alva Hollis, Thomas J. Kealy, Richard Sincock, Henry R. Folsom, Jr., Malcolm J. Gray, Joseph F. Toner and John D. Daniello, Members of the County Council of New Castle County, Respondents.

Superior Court of Delaware, New Castle.

January 18, 1971.


Attorney(s) appearing for the Case

Bruce M. Stargatt, and Richard H. May, of Young, Conaway, Stargatt & Taylor, Wilmington, for petitioners.

Harvey B. Rubenstein, and Clarence W. Taylor, Wilmington, for respondents.


OPINION

STOREY, Judge.

This is an action for a writ of mandamus to compel respondents to approve petitioners' plan for development of an apartment project pursuant to New Castle County subdivision regulations. Respondents have filed a motion to dismiss the action for failure to state a claim upon which relief may be granted. Although petitioners' plan was approved by the New Castle County Planning Department as being in conformity to all pertinent subdivision...

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