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WILMINGTON HOSPITALITY v. NEW CASTLE COUNTY

C.A. No. 18436.

788 A.2d 536 (2001)

WILMINGTON HOSPITALITY, L.L.C., Plaintiff, Republic Bank, Plaintiff-Intervenor, v. NEW CASTLE COUNTY Acting By and Through the NEW CASTLE DEPARTMENT OF LAND USE, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: March 7, 2001.

Revised: March 12, 2001.

Attorney(s) appearing for the Case

Charles M. Oberly, III, Karen V. Sullivan, Oberly & Jennings, P.A., Wilmington, Delaware; Carl H. Hanzelik, Joshua D. Groff, Dilworth Paxson, LLP, Philadelphia, Pennsylvania, for Plaintiff Wilmington Hospitality L.L.C.

Neal C. Belgam, Julianne E. Hammond, Elizabeth A. Wilburn, Blank Rome Comisky & McCauley, LLP, Wilmington, Delaware, for Plaintiff-Intervenor Republic Bank.

Peter J. Walsh, Jr., John M. Seaman, Potter Anderson & Corroon, Wilmington, Delaware; Hamilton P. Fox, III, George Anthony Smith, Sutherland, Asbill & Brennan, LLP, Washington, D.C., for Defendant New Castle County.

OPINION

LAMB, Vice Chancellor.

Plaintiff Wilmington Hospitality ("WH") moved to enforce a settlement agreement that it claims to have reached with plaintiff-in-intervention Republic Bank ("RB") — but not with the defendant, New Castle County ("County") — during the course of voluntary mediation. I heard oral argument on February 14, 2001, and allowed the parties to make further submissions. After reviewing the arguments, I find that the mediation...

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