Supreme Court of Delaware

In related actions seeking breach-of-contract damages and equitable relief against the co-developer of a housing community, grant of limited equitable relief during the pendency of the litigation is affirmed where: 1) plaintiff's claim upon which relief was granted sounded in equity, not contract, making equitable relief appropriate; and 2) the relief was appropriately limited in light of plaintiff's own inequitable conduct.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• BERGER, Justice:, Before BERGER, JACOBS and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellees:
  
• Edward M. McNally, Esquire (argued) and Fotini A. Antoniadis, Esquire, and Corinne Elise Amato, Esquire, Morris James, LLP, Wilmington, DE, for Appellants/Cross Appellees., Michael W. Arrington, Esquire (argued) of Parkowski, Guerke & Swayze, P.A., Wilmington, DE, for Appellees Severn Savings Bank, FSB and Alan J. Hyatt., Richard E. Berl, Jr., Esquire (argued) of Smith O'Donnell Feinberg & Berl, LLP, Georgetown, DE, for Appellee/Cross Appellant Bella Via, LLC.