Supreme Court of Delaware

In a property owner's appeal from the superior court's orders resolving a condemnation action, filed by a city, to obtain temporary construction and permanent utility easements through a development, the order is affirmed where: 1) although the City Charter did not specifically identify motions as a method by which the Council may vote to file a condemnation action, it also did not prohibit motions or require that an ordinance be adopted for that purpose; 2) any alleged private benefit to a developer arising from the condemnation was incidental to the primary and legitimate purpose of the condemnation; and 3) defendant's equitable estoppel claim failed for lack of any factual basis.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

Court

• Supreme Court of Delaware

Counsel