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GREEN v. COUNTY COUNCIL OF SUSSEX CTY.

415 A.2d 481 (1980)

Tamara Wahl GREEN, William S. Green, William B. Wallace, Sallie B. Wallace, Robert H. Barter, William J. Dulany, Betty Lee Dulany, Calhoun Bond, H. B. Alexander & Son, Inc., Pierce A. Quinlan and July R. Quinlan, Plaintiffs, v. COUNTY COUNCIL OF SUSSEX COUNTY, Ralph E. Benson, John T. Cannon, Sr., Charles W. Cole, Oliver E. Hill, W. Howard Workman, Individually and as members of said Council, and County Planning & Zoning Commission of Sussex County, E. Winfred Davis, John L. Allen, Millard W. Monroe, Hugh P. Smith, Fred P. Dukes, Individually and as members of said commission, and Carl M. Freeman Associates, Inc., a Maryland Corp., Defendants.

Court of Chancery of Delaware, Sussex County.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Melvyn I. Monzack, Walsh, Monzack & Owens, P. A., Wilmington, for all plaintiffs except William S. Green.

William S. Green, Pierson, Ball & Dowd, Washington, D.C., pro se.

John A. Sergovic, Tunnell & Raysor, Georgetown, and Burton A. Schwalb, Schwalb, Donnenfeld, Bray & Silbert, Washington, D.C., for defendant, Carl M. Freeman Associates, Inc.

Dennis L. Schrader, Betts & Schrader, Georgetown, for defendant, Sussex County Council.

HARTNETT, Vice Chancellor.

On December 5, 1978, the Sussex County Council rezoned approximately 24 acres of land near the ocean, north of Bethany Beach, from MR (Medium Density Residential) to HR-1 (High Density Residential). The public hearing on the application was held almost two years previously on January 4, 1977. On February 5, 1979, plaintiffs filed this action seeking to set aside the rezoning and they have now moved...

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