Shellburne, Inc. v. Conner
Supreme Court of Delaware
Shellburne, Inc. v. Conner, 336 A.2d 568 (Del. 1975)
1975 Del. LEXIS 612
Herrmann, McNeill, Wright
Shellburne, Inc. v. Conner
Opinion
The Court of Chancery rejected the appellant’s contention that the action of the New Castle County Council in rezoning the appellant’s land was arbitrary and capricious and, therefore, invalid. See Shell-burne, Inc. v. Conner, Del.Ch., 315 A.2d 620 (1974).
We agree with the conclusion of the Chancery Court that the question presented is controlled by Willdel Realty, Inc. v. New Castle County, Del.Supr., 281 A.2d 612 (1971); and that the appellant has failed to meet its burden, under Willdel, of showing clearly that the rezoning action taken by the Council was arbitrary and capricious because not reasonably related to the public health, safety, or welfare.
Affirmed.
Reference
- Full Case Name
- SHELLBURNE, INC., a Corporation of the State of Delaware, Plaintiff Below, Appellant, v. William J. CONNER, Executive, Et Al., Defendants Below, Appellees
- Status
- Published