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TOWN OF CHESWOLD v. C DEL. BUSINESS PARK

No. 270, 2017.

188 A.3d 810 (2018)

TOWN OF CHESWOLD, Petitioner Below, Appellant, v. CENTRAL DELAWARE BUSINESS PARK, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: June 8, 2018.

Attorney(s) appearing for the Case

Max B. Walton, Esquire (argued), Kyle Evans Gay, Esquire , Connolly Gallagher LLP, Newark, Delaware, for Petitioner Below, Appellant Town of Cheswold.

Mark F. Dunkle, Esquire , Parkowski, Guerke & Swayze, P.A., Dover, Delaware, for Respondent Below, Appellee Central Delaware Business Park.

Before STRINE, Chief Justice; VALIHURA, VAUGHN, SEITZ, and TRAYNOR, Justices, constituting the Court en Banc.

In this appeal, we consider whether stipulated court orders agreed to in 2005 by a property owner and the Town of Cheswold prevent the Town from enacting new ordinances affecting the property. Applying res judicata, the Superior Court found that they did, and entered a judgment prohibiting the Town from enacting any ordinance...

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