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NEW CASTLE CTY. v. STERLING PROP., INC.

379 A.2d 1125 (1977)

NEW CASTLE COUNTY, Red Lion Community Association, a Delaware Corporation, and Glenn B. Pusey, Plaintiffs below, Appellants, v. STERLING PROPERTIES, INC., a Delaware Corporation, and Richard M. Bauer, as Director of the Department of Planning of New Castle County, Defendants below, Appellees.

Supreme Court of Delaware.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Walter P. McEvilly, Jr. of Prickett, Ward, Burt & Sanders, Wilmington, for plaintiffs below, appellants.

James M. Tunnell, Jr. and James F. Waehler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Sterling Properties, Inc., defendant below, appellee.

Harvey B. Rubenstein, Wilmington, for Richard M. Bauer, defendant below, appellee.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice:

In this declaratory judgment action, the plaintiffs appeal from the grant by the Court of Chancery of summary judgment in favor of the defendant, Sterling Properties, Inc. ("Sterling"). The plaintiffs are New Castle County, Glenn B. Pusey, and other private citizens constituting the Red Lion Community Association. In this action, the plaintiffs seek to litigate, on the ground of improper zoning,...

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