Bachman v. Daniel D. Rappa, Inc.

SHORT, Vice Chancellor:

Defendants in this action are the owners of a tract of land on the Lancaster Pike in Mill Creek Hundred, New Castle County, Delaware. On their application the fifteen-acre tract was rezoned by a resolution of the majority of the members of the Levy Court of New Castle County on December 30, 1966 from R-2 (agricultural and general purposes) to R-4 (multifamily residential).

Plaintiffs are the owners of residential property in Mill Creek Hundred. On January 5, 1967 they filed their complaint for an injunction against defendants’ proposed use of the tract alleging…