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TONY ASHBURN & SON, INC. v. KENT COUNTY PLANNING COM'N

No. 68, 2008.

962 A.2d 235 (2008)

TONY ASHBURN & SON, INC., Appellant Below, Appellant, v. KENT COUNTY REGIONAL PLANNING COMMISSION, an agency of the government of Kent County, Delaware; Albert Holmes, Jr., Ken Edwards, Denise Kaercher, Bill Jester, Gene Thornton, Paul Davis and Clifton Coleman, Jr., individually and in their official capacities as members of the Kent County Regional Planning Commission; Kent County Levy Court, the governing body of Kent County, Delaware; P. Brooks Banta, Allan F. Angel, Bradley S. Eaby, Eric L. Buckson, W.G. Edmanson II, Harold K. Brode and Richard E. Ennis, individually and in their official capacities as members of the Kent County Levy Court, Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: December 5, 2008.

Attorney(s) appearing for the Case

Richard A. Forsten (argued) and Jennifer M. Becnel-Guzzo, Esquires, of Buchanan Ingersoll & Rooney, P.C., Wilmington, DE, for Appellant.

Jos. Scott Shannon, Esquire (argued) of Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE, for Appellees.

Lisa B. Goodman and William E. Gamgort, Esquires, of Young Conaway Stargatt & Taylor, L.L.P., Wilmington, DE; Pamela J. Scott, Esquire, of Saul Ewing, L.L.P., Wilmington, DE, for Amici Curiae The Committee of 100, Delaware Contractor's Association, Delawareans for Environmental and Economic Development, American Council of Engineering Companies — Delaware, Delaware Bankers Association, Delaware State Chamber of Commerce and Associated Builders and Contractors, Delaware Chapter, Inc.

Douglas M. Hershman and Scott G. Wilcox, Esquires of Bayard, P.A.; Of Counsel: Christopher M. Whitcomb, Esquire, National Association of Home Builders, Washington, DC, for Amici Curiae National Association of Homebuilders and Homebuilders Association of Delaware.

Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices, and PARSONS, Vice Chancellor, constituting the Court en Banc.

JACOBS, Justice, for the Majority:

Tony Ashburn & Son, Inc. ("Ashburn"), appeals from a Superior Court judgment affirming a decision of the Kent County Regional Planning Commission ("Commission") denying Ashburn's application for subdivision approval. On appeal, Ashburn argues that the Superior Court erroneously upheld the Commission's decision, which was contrary to law and not based on substantial evidence. Because we conclude that the Commission acted contrary...

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