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NEW CASTLE CTY. v. PIKE CREEK RECREATIONAL

C.A. Nos. 5969-JW, N10M-12-005 PRW.

77 A.3d 274 (2013)

NEW CASTLE COUNTY, Subdivision of the State of Delaware, Plaintiff, Respondent, v. PIKE CREEK RECREATIONAL SERVICES, LLC, a Delaware limited liability company, Defendant, Petitioner.

Court of Chancery of Delaware, New Castle County.

Decided: September 5, 2013.

Corrected: September 6, 2013.

Attorney(s) appearing for the Case

Max B. Walton, Esquire , Connolly Gallagher LLP, Newark, Delaware, Bernard V. Pepukayi, Esquire , County Attorney, New Castle County Office of Law, Wilmington, Delaware, Attorneys for Plaintiff/Respondent.

Richard P. Beck, Esquire , A. Kimberly Hoffman, Esquire , Morris James LLP, Wilmington, Delaware, Attorneys for Defendant/Petitioner.

Richard L. Abbott, Esquire , Abbott Law Firm, Hockessin, Delaware, Attorney for Interested Parties.

OPINION

WALLACE, J.

I. INTRODUCTION

Plaintiff New Castle County (the "County") moves for partial summary judgment, asking the Court to uphold alleged land use restrictions created by two agreements — a 1964 agreement and a 1969 amendatory agreement (later described and hereinafter referred to collectively as the "Master Plan") that were executed to govern the development of Pike Creek Valley — and thus prevent Defendant Pike...

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