Donald L. Pellicone, Below v. New Castle County, Upon the Relation of the County Executive, Below

Summary

The Supreme Court of Delaware affirmed the Superior Court's judgment validating New Castle County's easements on Pellicone's property for the Little Mill Creek Flood Control Project. The Court held that the project legally constituted a County project, fell within the County's statutory eminent-domain authority, served a public use, and complied with the applicable County Code procedures. The Court relied primarily on the plain meaning of the governing statutes and the undisputed facts concerning the County's sponsorship, funding, participation, ownership, and maintenance responsibilities.