New Castle County Council v. BC Development Associates

WALSH, Justice:

New Castle County Council (“Council”) appeals from a decision of the Court of Chancery granting partial summary judgment in an action challenging Council’s denial of a rezoning application made by ap-pellee, BC Development Associates (“BCD”). The Court of Chancery held that Council’s denial was arbitrary and capricious because Council failed to articulate the rationale underlying its decision, as required by Tate v. Miles, Del.Supr., 503 A.2d 187 (1986). In its appeal, Council raises four challenges to the Court of Chancery’s decision. First, Council argues that the record…