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NEW CASTLE COUNTY v. RICHESON

347 A.2d 135 (1975)

NEW CASTLE COUNTY, Plaintiff below, Appellant, v. Samuel R. RICHESON, Jr., et al., Defendants below, Appellees, v. Mark E. RUBENSTEIN, Intervenor below, Appellee.

Supreme Court of Delaware.

Decided October 9, 1975.

Attorney(s) appearing for the Case

Joseph M. Bernstein, Wilmington, for plaintiff below, appellant.

Bruce M. Stargatt of Young, Conaway, Stargatt & Taylor, Wilmington, for defendants below, appellees.

Howard M. Handelman of Bayard, Brill & Handelman, Wilmington, for intervenor below, appellee.

Before McNEILLY, J., QUILLEN, Chancellor, and BROWN, Vice-Chancellor.

McNEILLY, Justice:

This appeal from denial of a Writ of Prohibition by Superior Court concerns the scope of the subject matter jurisdiction of the New Castle County Planning Board's quasi-judicial review power in the area of subdivision regulation.

I

The complex series of events leading up to this appeal began in 1964 when the then owners of the subject property covenanted to control its future development by requiring development plans to conform...

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