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BRANDYWINE SMYRNA v. MILLENNIUM BUILDERS

No. 53, 2011.

34 A.3d 482 (2011)

BRANDYWINE SMYRNA, INC., and BCP Smyrna, Inc., Plaintiffs Below, Appellants, v. MILLENNIUM BUILDERS, LLC, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 9, 2011.

Attorney(s) appearing for the Case

Jeffrey S. Goddess, Esquire , Rosenthal, Monhait & Goddess, P.A., Wilmington, Delaware, for appellants.

Francis X. Nardo, Esquire , Tybout, Redfearn & Pell, Wilmington, Delaware, and Michael J. Budow, Esquire (argued), Budow and Noble, P.C., Bethesda, Maryland, for appellee.

Before HOLLAND, JACOBS and RIDGELY, Justices.

HOLLAND, Justice:

The plaintiffs-appellants, BCP Smyrna, Inc. and Brandywine Smyrna, Inc. (together "Brandywine Smyrna"), own an automobile dealership in Smyrna, Delaware. BCP Smyrna, Inc. owns the real estate and structure and Brandywine Smyrna, Inc. operates the business. Joseph Renzi is the sole owner of both companies. In 2007, Mr. Renzi was having a second facility built across Route 13 from the existing dealership. During that construction, he decided to add...

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