New Castle Cnty. v. Pike Creek Recreational Servs., LLC

31 Citing cases

  1. Hauge v. Bay Landing POA, Inc.

    C. A. 2020-0361-PWG (Del. Ch. Jul. 7, 2022)

    It is undisputed that the Declaration touches and concerns the land because it would impose a burden (limit homeowners' ability to change their properties) and create a benefit (allowing for common development) on the land.New Castle County v. Pike Creek Recreational Servs., LLC, 82 A.3d 731, 757 (Del. Ch. 2013) (citing Leon N. Weiner & Assocs., Inc. v. Krapf, 623 A.2d 1085, 1088 (Del. 1993)) (ellipses in original), aff'd, 105 A.3d 990 (Del. 2014); see also Capano v. Draper Subdivision Ass'n, Inc., 2019 WL 3938704, at *11 (Del. Ch. Aug. 20, 2019). New Castle County, 82 A.3d at 757 (citing Van Amberg v. Bd. of Governors of Sea Strand Ass'n, 1988 WL 36127, at *6 (Del. Ch. Apr. 13, 1988)).

  2. Capano v. Draper Subdivision Ass'n

    C.A. No. 2018-0410-KSJM (Del. Ch. Aug. 20, 2019)   Cited 4 times

    Ch. 1956) (noting that a covenant running with the land is called an equitable servitude by some courts). New Castle Cty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731, 757 (Del. Ch. 2013), aff'd, 105 A.3d 990 (Del. 2014). Leon N. Weiner & Assocs., Inc. v. Krapf, 623 A.2d 1085, 1092 (Del. 1993); see also Bradley v. Old Landing Ass'n, 2007 WL 3317600, at *6 (Del.

  3. Motors Liquidation Co. v. Allianz Ins. Co.

    C.A. No. N11C-12-022 PRW CCLD (Del. Super. Ct. Jun. 8, 2017)

    "This is to ensure that, especially where the case is taken on by a successor judge, the parties are not 'entrapped by varying philosophies of different judges of the same Court in the case.'"New Castle Cty. v. Pike Creek Rec. Servs., LLC, 82 A.3d 731, 744 (Del. Ch. Dec. 30, 2013) (citing Frank G.W. v. Carol M.W., 457 A.2d 715, 718 (Del. 1983) ("[W]e want to emphasize that we take a dim view of a successor judge in a single case overruling a decision of his predecessor.")). It is well-settled that once a decision is rendered by the same court that decision should stand.

  4. State v. Card Compliant, LLC

    C.A. No. N13C-06-289 PRW CCLD (Del. Super. Ct. Apr. 21, 2017)

    The use of the present tense phrasing "is already" without question connotes that the bar is triggered by ongoing, unresolved administrative proceedings in which Delaware is a party. New Castle Cty. v. Pike Creek Rec. Servs., LLC, 82 A.3d 731, 744 (Del. Ch. Dec. 30, 2013) (citing Frank G.W. v. Carol M.W., 457 A.2d 715, 718 (Del. 1983) ("[W]e want to emphasize that we take a dim view of a successor judge in a single case overruling a decision of his predecessor.")). It is well-settled that once a decision is rendered by the same court that decision should stand.

  5. Goyal v. Cognosante, LLC

    C. A. 2023-0018-SKR (Del. Ch. Nov. 29, 2023)   Cited 1 times

    ITG Brands, 2023 WL 6383240, at *5 (quoting Senior Tour Players 207 Mgmt. Co. v. Golftown 207 Hldgs. Co., 853 A.2d 124, 126 (Del. Ch. 2004)). New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731, 744 (Del. Ch. 2013) (citing Pathmark Stores, Inc. v. 3821 Assocs., L.P., 663 A.2d 1189, 1191 (Del.Ch.1995)). Absent ambiguity

  6. Pike Creek Recreational Servs., LLC v. New Castle Cnty.

    105 A.3d 990 (Del. 2014)

    This 13th day of November 2014, the Court, after hearing oral argument and upon consideration of the record in this case, as well as all arguments fairly presented to the court below, has concluded that this appeal should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its reissued Opinion; and its Opinion and Order, both issued on December 30, 2013; New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731 (Del.Ch.2013).New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 2013 WL 6904387(Del.Ch. Dec.30, 2013).

  7. Pike Creek Recreational Servs., LLC v. New Castle Cnty.

    105 A.3d 990 (Del. 2014)

    This 13th day of November 2014, the Court, after hearing oral argument and upon consideration of the record in this case, as well as all arguments fairly presented to the court below, has concluded that this appeal should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its reissued Opinion; and its Opinion and Order, both issued on December 30, 2013;New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731 (Del.Ch.2013).New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 2013 WL 6904387(Del.Ch. Dec.30, 2013).

  8. Pike Creek Recreational Servs., LLC v. New Castle Cnty.

    No. 36, 2014 (Del. Nov. 13, 2014)

    This 13th day of November 2014, the Court, after hearing oral argument and upon consideration of the record in this case, as well as all arguments fairly presented to the court below, has concluded that this appeal should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its reissued Opinion; and its Opinion and Order, both issued on December 30, 2013; New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731 (Del. Ch. 2013). New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 2013 WL 6904387(Del.

  9. Pike Creek Recreational Servs., LLC v. New Castle Cnty.

    105 A.3d 990 (Del. 2014)

    This 13th day of November 2014, the Court, after hearing oral argument and upon consideration of the record in this case, as well as all arguments fairly presented to the court below, has concluded that this appeal should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its reissued Opinion; and its Opinion and Order, both issued on December 30, 2013; New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731 (Del.Ch.2013).New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 2013 WL 6904387(Del.Ch. Dec.30, 2013).

  10. Karpoff v. Sussex Cnty. Bd. of Adjustment

    C. A. S24M-01-039 MHC (Del. Super. Ct. Jul. 31, 2024)

    Evans v. Coupe, 2016 WL 1608489, at*1 (Del. Super. Ct. Apr. 20, 2016), aff'd, 147 A.3d 234 (Del. 2016). New Castle Cnty. v. Pike Creek Recreational Servs., LLC, 82 A.3d 731, 761 (Del. Ch. 2013), aff'd, 105 A.3d 990 (Del. 2014) Id.