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J.N.K., LLC v. KENT COUNTY LEVY COURT

C.A. No. 3662-VCS.

974 A.2d 197 (2009)

J.N.K., LLC and Tony Ashburn & Son, Inc., Petitioners, v. The KENT COUNTY LEVY COURT, P. Brooks Banta, Allan F. Angel, Harold K. Brode, Eric L. Buckson, Bradley S. Eaby, W.G. Edmanson, and Richard E. Ennis, Respondents.

Court of Chancery of Delaware.

Decided: July 15, 2009.

Attorney(s) appearing for the Case

John W. Paradee, Esquire, D. Benjamin Snyder, Esquire, Kevin M. Baird, Esquire, Glenn C. Mandalas, Esquire, Prickett, Jones & Elliott, P.A., Dover, DE, for Petitioners.

Joseph Scott Shannon, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE, for Respondents.

OPINION

STRINE, Vice Chancellor.

I. Introduction

In this action, two companies that own land in Kent County — J.N.K., LLC and Tony Ashburn & Son, Inc. (collectively "Ashburn") — are suing the Kent County Levy Court and its members (collectively "the Levy Court") in order to invalidate two ordinances that the Levy Court passed in 2008 (the "Challenged Ordinances"). Specifically, Ashburn argues that Kent County did not adequately...

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