City of Newark v. University of Delaware

SHORT, Vice Chancellor:

The sole question presented in this declaratory judgment action is whether the zoning ordinances of the City of Newark (Newark) are applicable to the University of Delaware (University). This is the decision following trial.

Title 14 Del.C. § 5106, in pertinent part, provides:

“Notwithstanding any provisions appearing elsewhere in the laws of this State which might suggest or provide the contrary, the entire control and management of the affairs of the University, which is conferred upon the Board of Trustees by the foregoing paragraph, shall be construed ... as including…