Supreme Court of Delaware
Alapocas Maintenance Corporation v. Wilmington Friends School, Inc.
August 7, 2023
Summary
The Supreme Court of Delaware affirmed judgment for Wilmington Friends School, holding that the homeowners’ association could not use a deed restriction’s harmony standard to impose density or open-space requirements on the school’s tract. The restriction lacked an objective visual reference for evaluating those concerns, and the separate outlook standard was likewise insufficient to support the rejection. The court also held that the Court of Chancery properly resolved the dispute on cross-motions for judgment on the pleadings because the issue was legal rather than factual.