Supreme Court of Delaware

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Dover Historical Soc'y, Inc. v. City of Dover Planning Comm'n, 111, 2006;112, 2006

Denial of applications for attorneys' fees and expenses incurred in litigation over the preservation of four historic buildings is reversed in part as to the denial one application where the superior court erred by finding it was barred by res judicata, and in not granting the application under the "bad faith" exception to the American Rule under which each side normally bears its own costs.

Appellate Information

  • Decided 07/10/2006
  • Published 07/13/2006

Judges

  • JACOBS, Justice., Before HOLLAND, BERGER and JACOBS, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Grover C. Brown, Esquire, of Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware, and Michael J. Maimone, Esquire, of Edwards Angell Palmer & Dodge, LLP;  for Appellants.

  • For Appellees:
  • Nicholas H. Rodriguez and William W. Pepper, Sr., Esquires, of Schmittinger & Rodriguez, P.A., Dover, Delaware;  for Appellee City of Dover Planning Commission., William E. Manning and Richard A. Forsten, Esquires, of Klett Rooney Lieber & Schorling, Wilmington, Delaware;  for Appellees Young & Malmberg, P.A. and Yozima, L.L.C.
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