Shellburne, Inc. v. Conner

Supreme Court of Delaware

Shellburne, Inc. v. Conner

336 A.2d 568, 1975 Del. LEXIS 612

Supreme Court of Delaware·Decided April 8, 1975·Published

Opinion

PER CURIAM:

The Court of Chancery rejected the appellant’s contention that the action of the New Castle County Council in rezoning the appellant’s land was arbitrary and capricious and, therefore, invalid. See Shell-burne, Inc. v. Conner, Del.Ch., 315 A.2d 620 (1974).

We agree with the conclusion of the Chancery Court that the question presented is controlled by Willdel Realty, Inc. v. New Castle County, Del.Supr., 281 A.2d 612 (1971); and that the appellant has failed to meet its burden, under Willdel, of showing clearly that the rezoning action taken by the Council was arbitrary and capricious because not reasonably related to the public health, safety, or welfare.

Affirmed.

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PER CURIAM:

The Court of Chancery rejected the appellant’s contention that the action of the New Castle County Council in rezoning the appellant’s land was arbitrary and capricious and, therefore, invalid. See Shell-burne, Inc. v. Conner, Del.Ch., 315 A.2d 620 (1974).

We agree with the conclusion of the Chancery Court that the question presented is controlled by Willdel Realty, Inc. v. New Castle County, Del.Supr., 281 A.2d 612 (1971); and that the appellant has failed to meet its burden, under Willdel, of showing clearly that the rezoning action taken by the Council was arbitrary and capricious because not reasonably related to the public health, safety, or welfare.

Affirmed.

Shellburne, Inc. v. Conner, 336 A.2d 568, 1975 Del. LEXIS 612 (Del. 1975).

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