Town of Cheswold v. Central Delaware Business Park

SEITZ, Justice:

In this appeal, we consider whether stipulated court orders agreed to in 2005 by a property owner and the Town of Cheswold prevent the Town from enacting new ordinances affecting the property. Applying res judicata , the Superior Court found that they did, and entered a judgment prohibiting the Town from enacting any ordinance impairing the property owner's existing development rights.

We reverse the Superior Court's judgment and hold that the 2005 stipulated orders do not prohibit the Town from enacting future ordinances affecting the property. If the Town eventually adopts a…