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SWANN KEYS CIVIC ASS'N v. SHAMP

No. 544, 2008.

971 A.2d 163 (2009)

SWANN KEYS CIVIC ASSOCIATION, Plaintiff Below, Appellant, v. Barbara B. SHAMP, John E. Humphreys and Judith A. Humphreys, Defendant Below, Appellees.

Supreme Court of Delaware.

Decided: March 25, 2009.

Corrected: March 26, 2009.

Reargument Denied May 1, 2009.

Attorney(s) appearing for the Case

Max B. Walton (argued) and Meredith L. Gaudio, Connolly Bove Lodge & Hutz, LLP, Wilmington, Delaware; Mary Schrider-Fox, Steen, Waehler & Schrider-Fox, LLC, Bethany Beach, Delaware, for appellant.

Dean A. Campbell (argued) and Mark H. Hudson, Law Office of Dean A. Campbell, LLC., Georgetown, Delaware, for appellees.

Before STEELE, Chief Justice, BERGER, Justice and CARPENTER, Judge.

STEELE, Chief Justice.

In this appeal from the Court of Chancery, the Swann Keys Civic Association asks this Court to reverse the Vice Chancellor's refusal to enforce a restrictive covenant limiting the height of homes in Swann Keys to sixteen feet, six inches. On cross-appeal, Barbara B. Shamp and John E. and Judith A. Humphreys (collectively "Shamp") assert that the Vice Chancellor erred by limiting their recoverable attorney fees to two-thirds of their actual expenses...

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