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CAVE v. NEW CASTLE COUNTY COUNCIL

C.A.No. 02A-11-006 SCD.

850 A.2d 1128 (2004)

Donald E. CAVE Jr., James W. Brown, and John Mantakounas, Petitioners, v. NEW CASTLE COUNTY COUNCIL, Churchmans Crossing, LLC; and Leon N. Weiner Associates, Inc. Respondents.

Superior Court of Delaware, New Castle County.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Richard H. Cross, Jr., and Amy Evans, Cross & Simon, LLC, Wilmington, Delaware, for the plaintiffs.

Scott G. Wilcox, and Mary A. Jacobson, New Castle County Law Department, New Castle, Delaware, for New Castle County Council.

Richard H. Morse, and John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware, for Churchmans Crossing, LLC and Leon N. Weiner & Associates, Inc.

DEL PESCO, J.

OPINION

This case is before the Court on a remand from the Supreme Court. Petitioners filed a writ of certiorari seeking review of the approval by New Castle County Council ("Council") of the Record Major Land Development Plan of Churchmans Meadows ("the Plan"). The Plan, developed by Leon N. Weiner and Associates, in cooperation with the Delaware State Housing Authority, proposes construction of...

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