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NEW CASTLE COUNTY v. WILMINGTON HOSPITALITY

No. 24, 2008.

963 A.2d 738 (2008)

NEW CASTLE COUNTY, a political subdivision of the State of Delaware, Defendant Below, Appellant/Cross Appellee, v. WILMINGTON HOSPITALITY, LLC, Plaintiff Below, Appellee/Cross Appellant.

Supreme Court of Delaware.

Decided: December 22, 2008.

Corrected: December 22, 2008.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Esquire, (argued) and Sarah E. DiLuzio, Esquire of Potter Anderson & Corroon, LLP, Wilmington, DE; Of Counsel: Hamilton P. Fox, III, Esquire and Jay M. McDannell, Esquire of Sutherland Asbill & Brennan, LLP, Washington, DC, for Appellant/Cross Appellee.

Adam Balick, Esquire and Joseph S. Naylor, Esquire of Balick & Balick, LLC, Wilmington, DE; Of Counsel: John J. Yannacone (argued) of Yannacone & Associates, Media, PA, for Appellee/Cross Appellant.

Before BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

In this appeal we consider, among other matters, whether the Superior Court erred in deciding that a developer's equal protection claim presented triable issues of fact. The developer alleged that New Castle County arbitrarily treated the developer differently from other, similarly situated landowners by preventing the developer from opening its hotel. The record establishes that the hotel failed to comply with the applicable zoning codes, and that...

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