Legal Opinion
Garden Court Apartments, Inc. v. Hartnett
Superior Court of Delaware
Decided March 19, 1949No. Civil Action 80PublishedCited by 14 opinions
1Opinion of the CourtCarey, J.
The right of any landowner to build on his property according to his own desires, free of unconstitutional or arbitrary restraint, is a valuable property right for the violation of which recourse may be had to the Courts of this State. Instances where improper attempts were made to restrict this valuable right are to be found in Mayor & Council of Wilmington v. Turk, 14 Del. Ch. 392, 129 A. 512; In re Ceresini, 8 W. W. Harr. 134, 189 A. 443; Appeal of Lloyd, 9 W. W. Harr. 15, 196 A. 155. Within certain limitations, of course, a municipality may impose valid restrictions or zoning regulations.…
2Cases cited14 opinions
- Gorieb v. FoxSupreme Court of the United States · 1927
- Piccolo v. Town of West HavenSupreme Court of Connecticut · 1935
- Conard v. StateSuperior Court of Delaware · 1940
- Levine v. Zoning Board of Appeals of MeridenSupreme Court of Connecticut · 1938
- Mayor of Wilmington v. TurkCourt of Chancery of Delaware · 1925
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pentagram Corp. v. City of SeattleCourt of Appeals of Washington · 1981
- Mills v. Trans Caribbean Airways, Inc.Supreme Court of Delaware · 1970
- State v. ShawSuperior Court of Delaware · 1956
- Aprile v. StateSupreme Court of Delaware · 1958
- Couch v. Delmarva Power & Light Co.Court of Chancery of Delaware · 1991
9 more not listed; retrieve them via the Exa API.