Government Law
Overview
We represent public bodies and administrative agencies in high-profile and complex government litigation and advise them on the most difficult and vexing issues.
Our Experience
Litigation:
Representing governments and agencies on land use, voting rights, election, antitrust, Freedom of Information Act, employment, conflict of interest, condemnation, and taxation challenges
Successfully defending government entities and public officials against constitutional challenges relating to the First Amendment, procedural due process, substantive due process, equal protection, takings, and the Commerce Clause
Administrative Proceedings:
Representing government bodies and individuals before numerous administrative boards at both the State and local level
Representing before boards of adjustment, boards of license, inspection and review, planning boards, boards of election, the Delaware Coastal Zone Industrial Control Board, the Delaware Public Service Commission, and the Delaware Department of Labor
Special Counsel:
Serving as special counsel for more than a dozen municipalities, two counties, and six state agencies
Leadership:
Headed by Max Walton, a well-known first chair litigator and frequent speaker on constitutional and election issues
Along with Matt Boyer, serving as counsel for the State of Delaware in the landmark case of New Jersey v. Delaware before the United States Supreme Court
Representative Experiences
- Newark Property Association, et al. v. State of Delaware, et al., C.A. No. 2025-1031-LWW (Del. Ch.), No. 449, 2025 (Del.)
- League of Women Voters v. State of Delaware Department of Elections, 250 A.3d 922 (Del. Ch. 2020)
- Eaton Corp. v. Geisenberger, 2020 WL 5531589, at *1 (D. Del. Sept. 30, 2020)
- Glenn Allen Farm, LLC v. New Castle County, 2020 WL 5800714, at *1 (Del. Ch. Sept. 29, 2020)
- Republican State Committee v. State of Delaware Department of Elections, 250 A.3d 911 (Del. Ch. 2020)
- Pike Creek Recreational Services, LLC v. New Castle County, 238 A.3d 208 (Del. Super. Ct. 2020)
- Donald M. Durkin Contracting Inc. v. City of Newark, 2020 WL 2991778, at *1 (Del. Super. Ct. June 4, 2020), reargument denied, 2020 WL 5797622, at *1 (Del. Super. Ct. Sept. 29, 2020)
- Port Penn Hunting Lodge Ass’n v. Meyer, 2019 WL 2077600, at *1 (Del. Ch. May 9, 2019), aff’d, 222 A.3d 1044 (Table) (Del. 2019)
- Town of Cheswold v. Central Delaware Business Park, 188 A.32810 (Del. 2018)
- Flowers v. Office of the Governor, 167 A.3d 530 (Del. Super. Ct. 2017)
- Nichols v. City of Rehoboth Beach, 836 F.3d 275 (3d Cir. 2016)
- In re the New Maurice J. Moyer Academy, Inc., 108 A.3d 294 (Del. Ch. 2015)
- Hegedus v. Ross, 2012 WL 2884792 (D. Del.).
- New Castle County v. Pike Creek Recreational Services LLC, 82 A.3d 731 (Del. Ch. 2013)
- New Castle County v. Pike Creek Recreational Services LLC, 2013 WL 6904387 (Del. Ch. December 30, 2013)
- Staffieri v. Black, et al., C.A. No. 7439-VCL (Del. Ch.)
- Centerpoint 550, LLC v. Converting Solutions, LP, C.A. No. N12C-11-194 JOH (Del. Super. Ct.)
- Acierno v. New Castle County Department of Land Use, 2006 WL 1668370 (Del. Ch.)
- Acierno v. Haggerty, 2005 WL 3134060 (D. Del.).
- Abbott v. Gordon, 2008 WL 821522 (Del. Super. Ct.), aff
- Lynch v. City of Rehoboth Beach, 894 A.2d 407 (Table), 2006 WL 568764 (Del.)
- In re: Teti
- In re: DiaKim Enterprises
- In re: Colony Pool Service
- Eakin et al. v. Mid-Atlantic Transport, Inc., et al., C.A. No. N12C-05-090 FSS CCLD (Del. Super. Ct.)
- Wolfe v. Holman, C.A. No. 6431-VCG (Del. Ch.)
- Toll Bros. Inc. v. Wicks, 2006 WL 1829875 (Del. Ch.).
- Farmers for Fairness v. Kent County Levy Court, 2013 WL 3333039 (Del. Ch. July 1, 2013)
- Sterling Property Holdings, Inc. v. New Castle County, 2013 WL 1821594 (Del. Ch. Apr. 30 2013)
- Donnelly v. City of Dover, 2011 WL 2086160 (Del. Super. Ct. April 20, 2011)
- Rehoboth Art League, Inc. v. Board of Adjustment of Town of Henlopen Acres, 991 A.2d 1163 (Del. 2010).
- Rehoboth Art League, Inc. v. Board of Adjustment of Town of Henlopen Acres, 991 A.2d 1163 (Del. 2010)
- State of New Jersey v. State of Delaware, 552 U.S. 597 (2008).
- Warren v. New Castle County, 2008 WL 2566947 (D. Del. June 26, 2008)
- Abbott v. Gordon, 2008 WL 821522 (Del. Super. Ct. March 27, 2008), aff’d, 957 A.2d 1 (Del. 2008)
- Salem Church (Delaware) Associates v. New Castle County, 2006 WL 4782453 (Del. Ch. October 6, 2006)
- Toll Bros. Inc. v. Wicks, 2006 WL 1829875 (Del. Ch. June 21, 2006)
- Acierno v. New Castle County Department of Land Use, 2006 WL 1668370 (Del. Ch. June 8, 2006)
- Lynch v. City of Rehoboth Beach, 894 A.2d 407 (Table), 2006 WL 568764 (Del. March 7, 2006)
- Acierno v. Haggerty, 2005 WL 3134060 (D. Del. November 23, 2005)