Supreme Court of Delaware

Chase Alexa, LLC, Petitioner Below, Appellant v. Kent County Levy Court, the Governing Body of Kent County…

March 23, 20102010 Del. LEXIS 134

Summary

The Supreme Court of Delaware held that a developer who submitted its preliminary subdivision application within six months of its preliminary conference was governed by the standards in effect at that conference, rather than by subsequently enacted ordinances. The court reversed the Court of Chancery because the plain language of the governing ordinance imposed current standards only when the six-month deadline was missed.