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GIBSON v. SUSSEX COUNTY COUNCIL

C.A. No. 722-S.

877 A.2d 54 (2005)

James Robert GIBSON and Jane Harkins Gibson, Plaintiffs, v. SUSSEX COUNTY COUNCIL, Dale R. Dukes, Finley B. Jones, Jr., George B. Cole, Vance Phillips, and Lynn J. Rogers, Individually and in their official capacity as members of Sussex County Council, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: July 21, 2005.

Attorney(s) appearing for the Case

Thomas R. Hunt, Jr., Esquire, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware; Kathleen Jennings-Hostetter, Esquire, and William J. Rhodunda, Jr., Esquire, Oberly Jennings & Rhodunda P.A., Wilmington, Delaware, Attorneys for Plaintiffs.

Daniel P. Bennett, Esquire, Heckler & Frabizzio, Wilmington, Delaware, Attorneys for Defendants.

OPINION

STRINE, Vice Chancellor.

I. Introduction

The plaintiffs, James R. Gibson and Jane H. Gibson, live in Wilmington, Delaware, but own a piece of property located on the scenic shores of Lake Comegys, in Sussex County. They desire to build there a three unit townhouse (the "Project"), from which they, and the purchasers of the other two units, might enjoy the natural beauty that surrounds them — albeit from 3,200 square feet of...

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