Legal Opinion

Steen v. County Council of Sussex County

Court of Chancery of Delaware

Decided November 1, 1989No. Civ. A. 1346PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HARTNETT, Vice Chancellor.

In this action the plaintiff, Edward J. Steen, challenges the denial of his application for a Conditional Use Permit by the Sussex County Council. The plaintiff seeks an injunction, declaratory judgment and damages and both sides have moved for summary judgment. I find that defendants’ motion for summary judgment must be granted because, as a matter of law, the denial of the application was not arbitrary and capricious.

I

The material facts are not disputed. The plaintiff, Edward J. Steen, owns a 73-acre tract of land located outside of Dagsboro, Sussex County,…

2Cases cited22 opinions

  1. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  2. Olney v. CoochSupreme Court of Delaware · 1981
  3. Nicolet, Inc. v. NuttSupreme Court of Delaware · 1987
  4. MacArthur Co. v. Johns-Manville Corp.Supreme Court of the United States · 1988
  5. Bershad v. Curtiss-Wright Corp.Supreme Court of Delaware · 1987

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3Cited by6 opinions

  1. Gibson v. Sussex County CouncilCourt of Chancery of Delaware · 2005
  2. Brockstedt v. Sussex County CouncilDistrict Court, D. Delaware · 2011
  3. Barn Hill Preserve of Delaware, LLC v. Board of Adjustment of the Town of Ocean View, DelawareSuperior Court of Delaware · 2019
  4. Delta Eta Corporation v. City of NewarkCourt of Chancery of Delaware · 2023
  5. Middlecap Associates, LLC v. The Town of MiddletownSuperior Court of Delaware · 2026

1 more not listed; retrieve them via the Exa API.

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