Supreme Court of Delaware
Pike Creek Recreational Services v. NCC
August 5, 2021
Summary
The Supreme Court of Delaware affirmed summary judgment for New Castle County, holding that the County’s Unified Development Code operates independently of the restrictive covenants governing the Pike Creek property. The covenants capped total development but did not guarantee PCRS the right to construct a particular number of units, and the Comprehensive Development Plan did not repeal or alter applicable development regulations. The court also rejected PCRS’s remaining arguments because the record showed no conflict between the Agreement and the UDC.