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CAREY v. SHELLBURNE, INC.

215 A.2d 450 (1965)

Harry L. CAREY, Agnes T. Carey, James M. Fooks, Frances H. Fooks, Plaintiffs, v. SHELLBURNE, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

November 23, 1965.

Attorney(s) appearing for the Case

Robert C. O'Hora and John P. Daley, Wilmington, for plaintiffs.

Donald W. Booker, Wilmington, for defendant.

SHORT, Vice Chancellor.

Plaintiffs, lot owners in a development known as Shellburne, seek to enjoin defendant, the developer, from using retained lands for commercial purposes.

Shellburne comprises a tract of land in Brandywine Hundred, New Castle County, Delaware. It was purchased in 1949 by H. W. Booker Construction Co. (Construction Co.), a Delaware corporation, for development purposes. Construction Co. caused the land to be plotted and the plot of Shellburne...

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