IN THE SUPREME COURT OF THE STATE OF DELAWARE BERZINS ENTERPRISES, INC. a § corporation of the State of Delaware, § No. 122, 2018 and OCEAN WAY ESTATES § HOMEOWNERS ASSOCIATON, § § Court Below: Court of Chancery Defendant Below, § of the State of Delaware Appellant, § § No. 8769 v. § § SUSSEX COUNTY, a political § subdivision of the State of Delaware, § § Plaintiff Below, § Appellee. § Submitted: November 14, 2018 Decided: November 21, 2018 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER This 21st day of November 2018, the Court having considered this matter on the briefs filed by the parties has determined that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its order dated September 15, 2017 NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED.

BY THE COURT: /s/ James T. Vaughn, Jr. Justice