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FARMERS FOR FAIRNESS v. KENT COUNTY

C.A. No. 2429-VCS.

940 A.2d 947 (2008)

FARMERS FOR FAIRNESS, an unincorporated association of landowners, Delaware State Farm Bureau, Inc., John Carey, Henry Carey, Mary Moore, Agnes Heather, Cartanza Farms Limited Partnership, Sandra L. Cartanza, E.Z. Farms, Inc., Harman Brothers, LLC, Joseph A. Messina, Jr., Janet Messina, John Messina, Maureen Messina, and Thomas E. Webb, Plaintiffs, v. KENT COUNTY, a political subdivision of the State of Delaware, Kent County Levy Court, the governing body of Kent County, Delaware, David R. Burris, Ronald D. Smith, Allan F. Angel, P. Brooks Banta, Donald A. Blakely, Richard E. Ennis, and Harold J. Peterman, in their official capacities as members of the Kent County Levy Court, Defendants.

Court of Chancery of Delaware.

Decided: February 5, 2008.

Attorney(s) appearing for the Case

William E. Manning, Esquire, Richard A. Forsten, Esquire, James D. Taylor, Jr., Esquire, Buchanan Ingersoll & Rooney, Wilmington, Delaware, Attorneys for Plaintiffs.

Daniel A. Griffith, Esquire, Joseph Scott Shannon, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, Delaware, Attorneys for Defendants.

OPINION

STRINE, Vice Chancellor.

I. Introduction

In this case, the plaintiffs, a collection of organizations and individuals interested in protecting their ability to develop land in Kent County, are suing the defendants, Kent County, its Levy. Court, and the Levy Court's members (whom I will refer to collectively as "Kent County"), in an attempt to invalidate the "Bulk Utilities Ordinance." The plaintiffs' primary concern about the Bulk...

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