Delaware, May, 2004, State Case law

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State Courts - Delaware - May 5 - May 6, 2004

Cohen v. State, No. 04X-02-009, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 5, 2004, Decided
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Green v. State, No. 286, 2003, SUPREME COURT OF DELAWARE, May 5, 2004, Decided
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Ifriqi v. State, No. 531, 2003, SUPREME COURT OF DELAWARE, May 5, 2004, Decided
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Overview: Defendant was properly denied his motion for post conviction relief based on an allegedly coerced guilty plea where defendant presented no evidence countering his prior indication to the trial court that the plea was not coerced.

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Stroud v. Forest Gate Dev. Corp., C.A. No. 20063-NC, C.A. No. 20064-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 5, 2004, Decided
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Overview: Purchasers of townhouse units were entitled to specific performance because a developer could not rely on the force majeure clause of the parties' contract where the delay in construction resulted from the actions of the developer and its agents.

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Salem Church (Del.) Assocs. v. New Castle County, C.A. No. 20305-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 6, 2004, Decided , May 6, 2004, Filed
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Overview: Court denied county's motion to strike as irrelevant allegations where church contended that it should be shielded from consequences of a senate bill because of forces motivating public officials. Allegations were relevant to the grounds for relief.

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Sterling Prop. Holdings, Inc. v. New Castle County, C.A. No. 20408-NC, COURT OF CHANCERY OF DELAWARE, KENT, May 6, 2004, Decided
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Overview: The county's motion for judgment on the pleadings with respect to the developer's complaint was granted because the developer's challenge to the local "Sunsetting Law" was commenced more than five years after the ordinance's publication.

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