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MURRAY v. TOWN OF DEWEY BEACH

No. 480, 2012.

67 A.3d 388 (2013)

Anthony MURRAY, Charles H. McKinney, David Kaminsky, Elizabeth Cadell, as individuals and as owners of property in the Town of Dewey Beach, Delaware, Plaintiffs Below, Appellants, v. TOWN OF DEWEY BEACH, a municipal corporation of the State of Delaware; Town Council of Dewey Beach, consisting of Mayor Diane Hanson, Joy Howell, Anna Legates, James Laird, James Przygocki, Marty Seitz and Richard N. Solloway, in their official capacity; Diana K. Smith, former Town Manager, in her official capacity; William D. Mears, Town Building Official, in his official capacity; Dewey Beach Enterprises, Inc., a Delaware Corporation; and Ruddertowne Redevelopment, Inc., a Delaware corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 10, 2013.

Attorney(s) appearing for the Case

Michael W. McDermott, Esquire (argued) and David B. Anthony, Esquire , Berger Harris, LLC, Wilmington, Delaware for Appellants.

Megan T. Mantzavinos, Esquire (argued) and Cecil J. Jones, Esquire (admitted pro hac vice), Marks, O'Neill , O'Brien & Courtney, P.C., Wilmington, Delaware for Appellees Town of Dewey Beach; Commissioners of the Town of Dewey Beach; Diana K. Smith, Town Manager; and William D. Mears, Town Building Official.

William T. Quillen, Esquire , Shawn P. Tucker, Esquire (argued), and Lindsay O. Clizbe, Esquire , Drinker Biddle & Reath LLP, Wilmington, Delaware for Appellees Dewey Beach Enterprises, Inc., and Ruddertowne Redevelopment, Inc.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal we consider whether the Court of Chancery erred in dismissing an action by Dewey Beach property owners challenging the town's authority to enter into a settlement agreement with a commercial developer. The property owners claim that the settlement agreement is invalid because it is a "private zoning arrangement" that allows the developer to violate certain zoning requirements. The Court of Chancery dismissed the complaint, finding that...

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