Legal Opinion
Scarborough v. MAYOR & COUN. OF TOWN OF CHESWOLD
Court of Chancery of Delaware
Decided January 23, 1973PublishedCited by 12 opinions
1Opinion of the Court
DUFFY, Chancellor:
Plaintiffs, residents of the Town of Cheswold, an incorporated municipality, seek to enjoin construction of a drive-in theatre by the corporate defendant, Midway Enterprises, Inc.
In September 1972 the Town Council approved a zoning change which would have permitted construction of the theatre. Plaintiffs originally alleged that the change was invalid because the Council had failed to follow mandatory procedures for the amendment of municipal zoning ordinances, 22 Del.C. § 307. But the Town says, and this is undisputed, that it has never followed the statutory procedures…
2Cases cited13 opinions
- Schmidt v. BOARD OF ADJUSTMENT, CITY OF NEWARKSupreme Court of New Jersey · 1952
- County Commissioners v. WardCourt of Appeals of Maryland · 1946
- Shulman v. Zoning Board of AppealsSupreme Court of Connecticut · 1967
- Alabama Alcoholic Beverage Control Board v. City of BirminghamSupreme Court of Alabama · 1950
- duPont v. MillsSuperior Court of Delaware · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Levinson v. Delaware Compensation Rating Bureau, Inc.Supreme Court of Delaware · 1992
- Reeves v. OlsenTennessee Supreme Court · 1985
- Minor v. Cochise CountyCourt of Appeals of Arizona · 1979
- Adorno v. CordreySuperior Court of Delaware · 2020
- Delawareans for Educational Opportunity v. John Carney, Governor of the State of DelawareCourt of Chancery of Delaware · 2018
7 more not listed; retrieve them via the Exa API.