December 30, 2013
On September 6, 2013, the Court of Chancery issued a ruling holding that a minimum of 130 acres of land must be preserved for an 18-hole golf course on the property formerly known as the Pike Creek Golf Course, and held that the New Castle County Council may enforce the restrictions. In the Opinion, the Court of Chancery rejected numerous claims by the developer that the restrictions are unenforceable. Thereafter, the New Castle County moved for clarification of the Opinion, and the Developer filed numerous motions seeking reversal of the Court’s decision. On December 30, 2013, the Court granted the County’s motion for clarification and held that the 130 acres preserved must be of a sufficient quantity, quality, and configuration for the development an 18-hole golf course, and that the golf course lands may not be used as open space for a housing development without County Council approval. The Court denied the developer’s contrary motions. Connolly Gallagher attorneys Max B. Walton and N. Christopher Griffiths represent the County in the Pike Creek litigation, which is now on appeal to the Delaware Supreme Court.
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