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DISABATINO v. NEW CASTLE COUNTY

No. 12714.

781 A.2d 698 (2000)

Peter J. DISABATINO, Cindy G. Disabatino, his wife, Daniel J. Dominelli, Maureen M. Dominelli, his wife, Plaintiffs, v. NEW CASTLE COUNTY, a political subdivision of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: March 30, 2000.

Revised: August 22, 2001.

Attorney(s) appearing for the Case

Raymond E. Tomasetti, Esquire, of Wilmington, Delaware, for plaintiffs.

John E. Tracey, Esquire, New Castle County Law Department, of New Castle, Delaware, for defendants.

JACOBS, Vice Chancellor.

In this action, which was commenced on September 10, 1992, the plaintiffs, Peter and Cindy DiSabatino (the "DiSabatinos") and Daniel and Maureen Dominelli (the "Dominellis"), seek injunctive relief and money damages against New Castle County (the "County"). Specifically, the plaintiffs seek to compel the County to issue building permits for two parcels of land that they own, plus attorney fees and costs. At issue is whether the County may...

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