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CITIZENS OF FAIRWAY VILLAGE v. FAIRWAY CAP

No. 332, 2020.

256 A.3d 737 (2021)

CONCERNED CITIZENS OF the ESTATES OF FAIRWAY VILLAGE, Julius H. Solomon, Peggy A. Solomon, Edward D. Leary, Kenneth P. Smith, Denise M. Smith, Terry L. Thornes, and Carmela M. Thornes, Plaintiffs Below, Appellants, v. FAIRWAY CAP, LLC, and Fairway Village Construction, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 25, 2021.

Attorney(s) appearing for the Case

Richard E. Berl, Jr., Esquire (argued), HUDSON, JONES, JAYWORK & FISHER, LLC, Lewes, Delaware; for Appellants Concerned Citizens of the Estates of Fairway Village, Julius H. Solomon, Peggy A. Solomon, Edward D. Leary, Kenneth P. Smith, Denise M. Smith, Terry L. Thornes, and Carmela M. Thornes.

Jeffrey M. Weiner, Esquire (argued), LAW OFFICES OF JEFFERY M. WEINER, P.A., Wilmington, Delaware; Timothy Jay Houseal, Esquire and William E. Gamgort, Esquire (argued), YOUNG CONAWAY STARGATT & TAYLOR, LLP; for Appellees Fairway Cap, LLC and Fairway Village Construction, Inc.

Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES, Justices.

This appeal asks the Court to decide two issues. First, whether the Court of Chancery erred by holding that a planned residential community's governing documents allowed a developer to build rental properties in the community. Second, whether the Court of Chancery erred by awarding damages for a wrongful injunction after...

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