State Ex Rel. Daniel D. Rappa, Inc. v. Buck

OPINION

STOREY, Judge.

This is an action for a writ of mandamus to compel respondents to approve petitioners’ plan for development of an apartment project pursuant to New Castle County subdivision regulations. Respondents have filed a motion to dismiss the action for failure to state a claim upon which relief may be granted. Although petitioners’ plan was approved by the New Castle County Planning Department as being in conformity to all pertinent subdivision regulations, respondents, New Castle County Council, nevertheless disapproved the plan without apparent reason. Petitioners contend that,…