Opinion
No. 337, 2002
Submitted: January 7, 2003
Decided: January 10, 2003
Court Below: Court of Chancery of the State of Delaware in and for Sussex County C.A. NO. 1636
Affirmed.
Unpublished opinion is below.
COUNCIL OF THE WILMINGTON CONDOMINIUM (on behalf of the UNIT OWNERS OF THE WILMINGTON CONDOMINIUM, CARBOR ENTERPRISES, INC., EDWARD BOORNAZIAN, GORDON R. SCHWARTZ, THERESA M. SCHWARTZ, W. RONALD BOUNDS, DONNA A. O'CONNOR, SOPHIA D. GAGEN, 106 PARTNERSHIP, DENISE I. KYRIACOU, WENDELL FUNK, HARRY L. WHEELER, BRENDA M. WHEELER, WILLIAM P. HENEGHAN, KENA W. HENEGHAN, MARSHALL K. DAVIS, MARSHALL W. DAVIS, EDWARD BOORNAZIAN, EUGENE E. SMITH, JAMES F. HAWKINS, KATHLEEN V. HAWKINS, M. CAROLYN BEST, ALBERT A. OZIMEK, JR., BRUCE D. MOGOL, GAIL K. MOGOL, DEBORAH N. DuSHUTTLE, Trustee, ROBERT J. DICK, and JOHN D. BARBARULO, Plaintiffs/ Counterclaim Defendants, Appellants, v. WILMINGTON AVENUE ASSOCIATES, L.P., a Delaware Limited Liability Partnership, and MICHAEL R. KAIN, Defendants/ Counterclaim Plaintiffs, Third Party Plaintiffs, Appellees. No. 337, 2002 In the Supreme Court of the State of Delaware. Submitted: January 7, 2003 Decided: January 10, 2003
Before VEASEY, Chief Justice, WALSH and BERGER, Justices.
Joseph T. Walsh, Justice:
ORDER
This 10th day of January 2003, upon consideration of the briefs of the parties, we conclude that the Court of Chancery correctly resolved the ambiguity in the documents establishing the condominium plan in dispute. The court's conclusion that Lot 60 was not intended to be dedicated was supported by the evidence. Nor did such dedication occur by operation of law. Our affirmance of the Court of Chancery's ruling in that respect renders it unnecessary to determine whether the improvements on Lot 60 became part of the condominium project.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is,
AFFIRMED.