Legal Opinion

Gibson v. Sussex County Council

Court of Chancery of Delaware

Decided July 21, 2005No. C.A. No. 722-SPublishedCited by 13 opinions

1Opinion of the Court

OPINION

STRINE, Vice Chancellor.

I. Introduction

The plaintiffs, James R. Gibson and Jane H. Gibson, live in Wilmington, Delaware, but own a piece of property located on the scenic shores of Lake Comegys, in Sussex County. They desire to build there a three unit townhouse (the “Project”), from which they, and the purchasers of the other two units, might enjoy the natural beauty that surrounds them — albeit from 3,200 square feet of air-conditioned comfort. The Gibsons are not the first couple to become enamored of this particular iteration of the American dream; indeed, as we shall see, it is,…

2Cases cited11 opinions

  1. Merrill v. Crothall-American, Inc.Supreme Court of Delaware · 1992
  2. United Vanguard Fund, Inc. v. TakeCare, Inc.Supreme Court of Delaware · 1997
  3. Turner v. HammondCourt of Appeals of Maryland · 1973
  4. Seabreak Homeowners Ass'n, Inc. v. GresserCourt of Chancery of Delaware · 1986
  5. In Re the Application of Emmett S. Hickman Co.Supreme Court of Delaware · 1954

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3Cited by13 opinions

  1. Sams v. United StatesDistrict of Columbia Court of Appeals · 1998
  2. Lyons v. United StatesDistrict of Columbia Court of Appeals · 1994
  3. Brockstedt v. Sussex County CouncilDistrict Court, D. Delaware · 2011
  4. Barn Hill Preserve of Delaware, LLC v. Board of Adjustment of the Town of Ocean View, DelawareSuperior Court of Delaware · 2019
  5. Citizens Against Solar Pollution v. Kent CountySupreme Court of Delaware · 2025

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