Supreme Court of Delaware

Key Properties Group, LLC v. City of Milford

March 11, 2010991 A.2d 18

Summary

The Court affirmed the Superior Court's orders upholding Milford's condemnation of temporary construction and permanent utility easements through Key's development. It held that the City Council validly authorized the condemnation by motion, the sewer project served a public purpose despite incidental private benefits, Milford was not equitably estopped, and compliance with the acquisition procedures would have been futile. The Court also concluded that the compensation award and possession order should stand.