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SHEATS v. KENT COUNTY LEVY COURT

Civil Action No. 7053-VCG.

P. LLOYD SHEATS, DAVID E. SHEATS, SHAYN M. SHEATS, and CAROL K. SHEATS, Petitioners, v. THE KENT COUNTY LEVY COURT, the governing body of Kent County, Delaware, THE KENT COUNTY DEPARTMENT OF PLANNING SERVICES, an agency or instrumentality of Kent County, Delaware, THE KENT COUNTY REGIONAL PLANNING COMMISSION, an agency or instrumentality of Kent County, Delaware, and THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR KENT COUNTY, an agency or instrumentality of Kent County, Delaware, Respondents.

Court of Chancery of Delaware.

Decided: April 17, 2013.

Attorney(s) appearing for the Case

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

Mary E. Sherlock , of WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY, LLP, Dover, Delaware, Attorney for the Respondents.

MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

In Kent County, new residential construction under approved subdivision plans must commence within five years of the County's approval, or the approval lapses. A county ordinance ameliorates this rule by allowing developers, in certain situations, to request that the County reapprove expiring subdivision plans and thereby obtain another five years to begin construction. The Petitioners...

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