HARDEN v. CHRISTINA SCHOOL DIST.

C.A. No. 2832-VCS.

924 A.2d 247 (2007)

Annette HARDEN, Rose Thomas, Nickea Nicole Rowe, Dawn Michelle Rowe, Aline Black and the City of Wilmington, a Municipal Corporation of the State of Delaware, Plaintiffs, v. The CHRISTINA SCHOOL DISTRICT, The Christina School District Board of Education, and James R. Durr, Dr. John Mackenzie, Gina Backus, Dr. Karl B. Brockenbrough, George E. Evans, Beverly A. Howell, David Resler, and Dr. Lillian M. Lowery (in their official capacities), Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 31, 2007.


Attorney(s) appearing for the Case

John A. Parkins, Jr., Esquire, C. Malcolm Cochran, IV, Esquire, Gregory E. Stuhlman, Esquire, Richards Layton & Finger, Wilmington, Delaware; John R. Sheridan, Esquire, City of Wilmington Law Department, Wilmington, Delaware, Attorneys for Plaintiffs.

David H. Williams, Esquire, James H. McMackin, III, Esquire, Morris James LLP, Wilmington, Delaware, Attorneys for Defendants.


OPINION

STRINE, Vice Chancellor.

I. Introduction

The Neighborhood Schools Act, 14 Del. C. §§ 220-23 (the "NSA" or "Act") was adopted by the General Assembly in April 2000 to "establish and implement a plan for neighborhood schools in Northern New Castle County that is fair and equitable to all affected children in New Castle County."1 By its plain terms, the NSA required the defendant Christina School...

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