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State Courts -
Delaware - January 30, 2006
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Izquierdo v. Sills, C.A. No. 15505-NC,
COURT OF CHANCERY OF DELAWARE, KENT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Police officer was entitled to judgment in his action against a city challenging his punishment for misconduct in line of duty because complaint hearing board convened more than 30 days after conclusion of investigation. In so doing, it violated officer's contractual rights to a hearing within 30 days, as required by Del. Code Ann. tit. 11, § 9204.
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Providence Creek Acad. Charter Sch., Inc. v. St. Joseph's at Providence Creek, C.A.No. 1210-K,
COURT OF CHANCERY OF DELAWARE, KENT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Cancellation, pursuant to Del. Code Ann. tit. 25, § 1608, of the notice of lis pendens lodged by the tenant was granted. The tenant was not entitled to a resulting trust based on a joint venture, as the lease between the parties and its amendments did not establish a joint venture and, in fact, were inconsistent with the notion of a joint venture.
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Walton v. Beale, Civil Action No. 19749,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Buyer of real property was granted judgment in his suit against the sellers of the property for specific performance because the buyer's partial performance of the oral agreement between the parties, when combined with the unambiguous nature of the oral agreement, justified an exception to the statute of frauds under Del. Code Ann. tit. 6, § 2714.
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