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CHASE ALEXA, LLC v. KENT COUNTY LEVY COURT

No. 522, 2009.

991 A.2d 1148 (2010)

CHASE ALEXA, LLC, Petitioner Below, Appellant, v. KENT COUNTY LEVY COURT, the governing body of Kent County, Delaware; Allan F. Angel, P. Brooks Banta, Bradley S. Eaby, Eric L. Buckson, W.G. Edmanson II, Harold K. Brode, and Richard E. Ennis, in their official capacities as members of the Kent County Levy Court; Kent County Regional Planning Commission, an agency of the government of Kent County, Delaware; Albert W. Holmes, Jr., Kenneth Edwards, Denise Kaercher, William Jester, Gene Thornton, Paul Davis and Clifton Coleman, Jr., in their official capacities as members of the Kent County Regional Planning Commission, Respondents-Below, Appellees.

Supreme Court of Delaware.

Decided: March 23, 2010.

Attorney(s) appearing for the Case

William E. Manning, Esquire (argued), Richard A. Forsten, Esquire and James D. Taylor, Jr., Esquire, Saul Ewing LLP, Wilmington, Delaware, for Appellant.

Joseph Scott Shannon, Esquire (argued) and Artemio C. Aranilla, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, Delaware, for Appellees.

Before HOLLAND, BERGER and RIDGELY, Justices.

BERGER, Justice.

In this appeal we consider whether a land developer must comply with Kent County ordinances enacted after the developer began the County's approval process and after the developer had expended substantial sums in connection with the planned development. The Court of Chancery rejected the developer's three arguments. It held that the statute the developer relied on does not create a "safe harbor," and that the facts do not support the developer's claims...

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