FARMERS FOR FAIRNESS v. KENT COUNTY LEVY COURT

Civil Action No. 4215-VCG.

FARMERS FOR FAIRNESS, an unincorporated association of Kent County landowners, on its own behalf and on behalf of all others similarly situated, KENT COUNTY FARM BUREAU, INC., a Delaware corporation on its own behalf, and on behalf of the Kent County landowners it represents, HENRY CAREY, MARY MOORE, CARTANZA FARMS LIMITED PARTNERSHIP, a Delaware Limited Partnership, SANDRA L. CARTANZA, CHESTER T. DICKERSON, JR., and HARMAN BROTHERS, LLC, a Delaware Limited Liability Company, Petitioners, v. THE KENT COUNTY LEVY COURT, the governing body of Kent County, Delaware, P. BROOKS BANTA, ALLAN F. ANGEL, HAROLD K. BRODE, ERIC L. BUCKSON, BRADLEY S. EABY, W.G. EDMANSON, and RICHARD E. ENNIS, in their official capacities as members of the Kent County Levy Court, Respondents.

Court of Chancery of Delaware.

Decided: January 27, 2012.


Attorney(s) appearing for the Case

John W. Paradee , Stephen E. Smith , and Nicole M. Faries , of PRICKETT, JONES & ELLIOTT, P.A., Dover, Delaware, Attorneys for Petitioners.

Joseph Scott Shannon , Artemio C. Aranilla, II , and Melissa E. Cargnino , of MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, Wilmington, Delaware, Attorneys for Respondents.


MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

This matter involves the adoption of a land use "Comprehensive Plan" by the Kent County Levy Court, and its effect on the Petitioners, who are Kent County landowners. The Petitioners' position is that the ordinance adopting the Comprehensive Plan worked a zoning change on the Petitioners' properties (the "Properties") because, pursuant to the land use map incorporated in the Comprehensive...

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