BARLEY MILL, LLC v. SAVE OUR COUNTY, INC.

No. 419, 2013.

89 A.3d 51 (2014)

BARLEY MILL, LLC, Defendant-Below, Appellant/Cross-Appellee, v. SAVE OUR COUNTY, INC., Barbara Furbeck, Lawrence Giordano and Thomas S. Neuberger, Plaintiffs-Below, Appellees/Cross-Appellants, v. New Castle County, Defendant-Below, Appellee/Cross-Appellant, and The County Council of New Castle County, Defendant-Below, Cross-Appellee.

Supreme Court of Delaware.

Decided: March 25, 2014.


Attorney(s) appearing for the Case

Christian Douglas Wright, Esquire (argued), John E. Tracey, Esquire , William E. Gamgort, Esquire , Lakshmi A. Muthu, Esquire , Young Conaway Stargatt & Taylor, LLP for Appellant/Cross-Appellee, Barley Mill, LLC.

Jeffrey S. Goddess, Esquire (argued), Rosenthal, Monhait & Goddess, P.A. for Appellees/Cross-Appellants, Save Our County, Inc., et al.

Sidney S. Liebesman, Esquire (argued), R. Montgomery Donaldson, Esquire , Lisa Zwally Brown, Esquire , Montgomery, McCracken, Walker & Rhoads, LLP, for Appellee/Cross-Appellant, New Castle County.

Before STRINE, Chief Justice, HOLLAND, BERGER, and RIDGELY, Justices, and VAUGHN, President Judge, constituting the Court en Banc.


STRINE, Chief Justice:

I. Introduction

Barley Mill, LLC ("Barley Mill") appeals from a Court of Chancery judgment invalidating a vote of the New Castle County Council (the "Council") on a rezoning ordinance. Approval of the rezoning ordinance was necessary so that Barley Mill could proceed with its plan to transform property that had been used as an office park into a much larger development that included both more office space and a regional shopping mall...

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