Cave, et al. v. New Castle County Council, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DONALD E. CAVE, JR., JAMES W. BROWN, and JOHN MANTAKOUNAS, Petitioners BelowAppellants, v. NEW CASTLE COUNTY COUNCIL, consisting of Christopher A. Coons, J. Robert Woods, Robert S. Weiner, William J. Tansey, Penrose Hollins, Karen Venezky, and Patty W. Powell, CHURCHMANS CROSSING, LLC, and LEON N. WEINER ASSOCIATES, Inc., Respondents BelowAppellees. § § § § § § § § § § § § § § § § § § § § No. 436, 2003 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 02A-11-006 Submitted: June 14, 2004 Decided: June 28, 2004 Before STEELE, Chief Justice, BERGER, and JACOBS, Justices. ORDER This 28th day of June, 2004, upon consideration of the briefs of the parties and the Opinion returning this matter from remand dated June 9, 2004, and given our standard of review it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its Order dated July 21, 2003 and its Opinion dated June 9, 2004. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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