Court of Chancery of Delaware

A town's motion for summary judgment is granted as to its petition for declaratory judgment and a permanent injunction to remove a floating dock owned by respondents where respondents could not establish that their dock qualified as a legal nonconforming use, and, regardless, the town properly enacted a challenged ordinance pursuant to its police powers. Further, the town demonstrated irreparable harm absent removal of the dock, and the town's ability to enact and enforce laws outweighed the harm to respondents from their loss of the use of the dock.

Appellate Information

• Decided 05/12/2006
• Published 05/30/2006

Judges

Court

• Court of Chancery of Delaware

Counsel