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CRODA INC. v. NEW CASTLE COUNTY

No. 349, 2021.

282 A.3d 543 (2022)

CRODA INC., Plaintiff Below, Appellant, v. NEW CASTLE COUNTY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 22, 2022.

Attorney(s) appearing for the Case

Richard A. Forsten, Esquire , Pamela J. Scott, Esquire , Elizabeth S. Fenton, Esquire , SAUL EWING ARNSTEIN & LEHR LLP, Wilmington, Delaware, Stephen A. Swedlow, Esquire (argued), Athena D. Dalton, Esquire , QUINN EMANUEL URQUHART & SULLIVAN, LLP, Chicago, Illinois, for Plaintiff Below, Appellant Croda, Inc.

Mary A. Jacobson, Esquire (argued), Nicholas J. Brannick, Esquire , NEW CASTLE COUNTY OFFICE OF LAW, New Castle, Delaware, for Defendant Below, Appellee New Castle County.

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

Under New Castle County's Unified Development Code, heavy industrial uses were permitted as of right on land zoned for heavy industry or HI. On August 27, 2019, New Castle County Council adopted Ordinance 19-046 amending the Code. The Code now states that property owners with HI-zoned property must obtain a special use permit...

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