Marina View Condominium Association v. Rehoboth Marina Ventures

Summary

The Supreme Court of Delaware affirmed the denial of the Association’s request for attorneys’ fees. The lease made fee shifting contingent on a breach that remained uncured after notice, and the Court of Chancery had found no breach because the apartments could be constructed and used consistently with the lease. The Association’s anticipatory-repudiation theory was also waived because it was raised only in exceptions to the fee report.