Town of Cheswold v. Central Delaware Business Park

OPINION

Clark, J. 1

I. Introduction

These cross motions for summary judgment are before the Court because the Town of Cheswold (hereinafter “Town”) seeks clarification of, or in the alternative relief from, prior identical Stipulated Orders (hereinafter “Stipulated Orders”) of the Superior Court and the Court of Chancery. In 2005, the Town and Central Delaware Business Park (hereinafter “CDBP”) entered into a settlement agreement approved by both the Superior Court and the Court of Chancery in Stipulated Orders to resolve litigation over the Town’s Comprehensive Land Use Ordinance (hereinafter…