Supreme Court of Delaware

Key Properties Group, LLC, Defendant Below, Appellant v. City of Milford, Plaintiff Below, Appellee

March 11, 20102010 Del. LEXIS 110

Summary

The Supreme Court of Delaware affirmed the Superior Court’s judgment upholding Milford’s condemnation of temporary construction and permanent utility easements through Key’s development. The court held that the City Council validly authorized the condemnation by motion, the easements served a public purpose despite incidental private benefits, equitable estoppel did not apply, and any failure to comply with the Real Property Acquisition Act was excused because compliance would have been futile. No separate opinions were issued.