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Legal Opinion

MacNamara v. County Council of Sussex County

District Court, D. Delaware

Decided May 25, 1990No. Civ. A. 89-625-CMWPublishedCited by 7 opinions

1Opinion of the Court

OPINION

CALEB M. WRIGHT, Senior District Judge.

Plaintiffs filed this § 1983 action on November 9, 1989 against the Sussex County Planning and Zoning Commission and the Sussex County Council, and the members thereof. Plaintiffs allege that the defendants’ approval of a conditional use of a parcel of land located near plaintiffs’ property violated plaintiffs’ constitutional rights. By stipulation of counsel, the Delaware Electric Cooperative was added as an intervenor-defendant. Defendants have moved to dismiss the complaint for failure to state a claim, 1 and the cooperative has filed a…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Daniels v. WilliamsSupreme Court of the United States · 1986
  4. Parratt v. TaylorSupreme Court of the United States · 1981
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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3Cited by7 opinions

  1. Kriss v. Fayette CountyDistrict Court, W.D. Pennsylvania · 2011
  2. Dale v. Town of ElsmereSupreme Court of Delaware · 1997
  3. Croda, Inc. v. New Castle CountyCourt of Chancery of Delaware · 2021
  4. Gustafson v. Warner-Lambert Co.District Court, M.D. Florida · 1993
  5. Lance Tressler v. City of Milford, Todd F. Culotta, Mayor; Jason L. James, Vice-Mayor; Cecilia Ashe, Police ChiefDistrict Court, D. Delaware · 2025

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