Delaware, January, 2003, State Case law

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State Courts - Delaware - January 30, 2003

Adoption House v. A.R., FILE NO. 02-07-04TN, PETITION NO. 02-20570, FILE NO. 02-08-02TN, PETITION NO. 02-24264., FAMILY COURT OF DELAWARE, NEW CASTLE, January 30, 2003, Date Decided
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Overview: Even though licensed adoption agency had standing to move for termination, Delaware Family Court did not have authority to terminate parental rights, even though parents consented to the termination, where Delaware was not the children's home state.

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Am. Legacy Found. v. Lorillard Tobacco Co., C.A. No. 19406, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 30, 2003, Decided
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Overview: An educational foundation established under the master settlement agreement between the tobacco industry and 46 state attorneys general became a party to the agreement, even though it had not been a signatory.

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Brandywine Dev. Group, L.L.C. v. Alpha Trust, C.A. No. 19321 NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 30, 2003, Decided
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Overview: Where a property owner waited four years past the deadline for invoking a condition which allowed it to terminate an easement, a question of fact existed on the issue of acquiescence which might have precluded termination of the easement.

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County Bank v. Lockwood, C.A. No. 02L-06-021, SUPERIOR COURT OF DELAWARE, SUSSEX, January 30, 2003, Decided
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Overview: Where the wife was the sole signatory of a promissory note, the obligation to repay was hers; the husband's failure to pay on the note was not a legally cognizable defense, and the bank was entitled to summary judgment.

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Johnson v. State, No. 580, 2002, SUPREME COURT OF DELAWARE, January 30, 2003, Decided
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Overview: Supreme court affirmed denial of life-sentenced prisoner's postconviction motion to withdraw guilty plea; State made required reasonable efforts to transfer him to Maryland prisons, but Maryland refused him because of his poor disciplinary record.

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Kane v. Burnett, No. 588, 2002, SUPREME COURT OF DELAWARE, January 30, 2003, Decided
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Overview: Appeal from an order requiring appellant to pay attorney's fees and expenses appellee incurred in defending appellant's unsuccessful appeal of an earlier trial court order was without merit because the issues presented were controlled by settled law.

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Marsh v. State, No. 253, 2002, SUPREME COURT OF DELAWARE, January 30, 2003, Decided
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Overview: Supreme court affirmed judgment convicting defendant of 70 counts of burglary, theft, criminal mischief, conspiracy, and several lesser-included misdemeanors in small business burglaries; co-defendants' testimony alone was sufficient to convict.

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Shaw v. UPS, C.A. No. 01A-04-002 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 30, 2003, Decided
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Overview: Trial court affirmed industrial board's decision that employee's workers' compensation was to be based on her part-time, rather potential full-time, hours of employment, as her job was inherently part-time and likely to remain so.

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Univ. of Del. v. New Castle County Dep't of Land Use, C.A. No. 02A-03-001 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2003, Decided
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Overview: University's claimed exemption for property leased to a bank was justified as a valid school purpose in that the bank primarily served the university by promoting the legitimate convenience of the university community.

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