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CRI LIQUIDATING REIT v. A.F. EVANS CO.

No. 15506.

730 A.2d 1244 (1997)

CRI LIQUIDATING REIT, INC., as successor in interest to CRIIMI III Limited Partnership, Plaintiff, v. A.F. EVANS COMPANY, INC., General Partner, William McClure, General Partner and Quintin McMahon, General Partner Defendants, and Santa Clara Village Green Associates limited Partnership, Nominal Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: October 30, 1997.

Attorney(s) appearing for the Case

Lewis H. Lazarus and Michael A. Weidinger, of Morris, James, Hitchens & Williams, Wilmington, Delaware, and William F. Causey, Justine E. Wilcox and Louis E. Dolan, Jr., of Peabody & Brown, Washington, D.C., for Plaintiff.

M. Duncan Grant, Daniel V. Folt and Tara L. Lattomus, of Pepper, Hamilton & Scheetz, LLP, Wilmington, Delaware, for Defendants.

OPINION

JACOBS, Vice Chancellor.

Pending is the defendants' motion to dismiss for lack of personal jurisdiction, or, in the alternative, to dismiss Count III of the Complaint for failure to make a demand. Because the Court grants the defendants' motion to dismiss on personal jurisdiction grounds, it does not reach the demand question.

The jurisdictional issue arises against the following background: Before September 1, 1988, there was no method for...

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