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State Courts -
Delaware - July 20 - July 21, 2005
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Black v. State, No. 70, 2005,
SUPREME COURT OF DELAWARE, July 20, 2005, Decided
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Overview: An inmate's habeas corpus petition was properly denied; he failed to show the trial court lacked jurisdiction to convict or sentence him, and he was, therefore, not entitled to habeas corpus relief. Moreover, he had presented his argument concerning the calculation of his good time credits before, and that argument had consistently been rejected.
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Acadia Brandywine Town Ctr., LLC v. New Castle County, No. 449, 2004,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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Overview: A reverse merger involving real estate between two companies was not subject to the realty transfer tax under Del. Code Ann. tit. 30, ? 5401(7), and, therefore, the companies were entitled to reimbursement of the disputed payment of the tax that the surviving company made.
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Gibson v. Sussex County Council, C.A. No. 722-S,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 21, 2005, Decided
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Overview: Based on substantial evidence that townhouses met all relevant statutory and county zoning criteria, zoning commission approved owners' application for conditional use permit. Since council did not carry its resultant burden to articulate specific, non-vague, and non-arbitrary reasons based on substantial evidence, its disapproval was reversed.
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