Carey v. Shellburne, Inc.

Short, Vice Chancellor:

Plaintiffs, lot owners in a development known as Shellburne, seek to enjoin defendant, the developer, from using retained lands for commercial purposes.

Shellburne comprises a tract of land in Brandywine Hundred, New Castle County, Delaware. It was purchased in 1949 by H. W. Booker Construction Co. (Construction Co.), a Delaware corporation, for development purposes. Construction Co. caused the land to be plotted and the plot of Shellburne, showing streets and block and lot numbers with dimensions, was recorded. The plot also *499shows as a part of Shellburne a parcel of…