Cases

New Castle County v. Pike Creek Recreational Services LLC, 82 A.3d 731 (Del. Ch. 2013).

In the longstanding dispute over the meaning of restrictions on the Pike Creek Golf Course, Connolly Gallagher obtained a declaratory judgment that a minimum of 130 acres of the golf course must be preserved for an 18-hole golf course use. The Court also rejected the developer’s numerous claims that the restrictions on the golf course should not apply to a proposed housing development, and held that the developer must follow the County’s restriction change and obtain County Council approval if the developer seeks to build in contravention of the applicable restrictions.

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