Supreme Court of Delaware

Town of Cheswold, Petitioner Below, Appellant v. Central Delaware Business Park, Respondent Below, Appellee.

June 8, 2018188 A.3d 810

Summary

The Supreme Court of Delaware reversed the judgment barring the Town of Cheswold from enacting future ordinances affecting Central Delaware Business Park. It held that the Town's declaratory-judgment claim was ripe as to the meaning and preclusive effect of the 2005 stipulated orders, but that res judicata did not apply because the later action sought interpretation of those orders rather than relitigation of the earlier claims. The orders were unambiguous, did not incorporate the substance of Article 5A, and did not permanently immunize the property from future legislative action.