Supreme Court of Delaware

Carbaugh v. Woods on Herring Creek

January 14, 2015

Summary

The Supreme Court of Delaware affirmed dismissal of the Carbaughs' restitution claims as barred by laches. The Carbaughs knew of their potential claims when the homeowners association took over the wastewater system and stopped payments in 2004, and later transfers or governmental incorporation of the system did not restart the period for assessing delay.