NEW CASTLE COUNTY COUNCIL v. BC DEV.


567 A.2d 1271 (1989)

NEW CASTLE COUNTY COUNCIL, Defendant Below, Appellant, v. BC DEVELOPMENT ASSOCIATES, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 13, 1989.


Attorney(s) appearing for the Case

Michael Mitchell (argued), New Castle County Law Dept., Wilmington, for appellant.

Edward M. McNally (argued) and Barbara MacDonald, Morris, James, Hitchens & Williams, Wilmington, for appellee.

Before HORSEY, WALSH and HOLLAND, JJ.


WALSH, Justice:

New Castle County Council ("Council") appeals from a decision of the Court of Chancery granting partial summary judgment in an action challenging Council's denial of a rezoning application made by appellee, BC Development Associates ("BCD"). The Court of Chancery held that Council's denial was arbitrary and capricious because Council failed to articulate the rationale underlying its decision, as required...

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