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State Courts -
Delaware - June 8 - June 9, 2006
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Acierno v. New Castle County, Civil Action No. 1173-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: A county's motion to dismiss was granted; developer did not file suit with 60 days after notice of his record plan's denial was published in a local newspaper, as the Statute of Repose, Del. Code Ann. tit. 10, ? 8126(b), required, and the court thus had no subject matter jurisdiction over the action. Statute did not specify publication form needed.
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Barry v. Town of Dewey Beach, C.A. No. 1083-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: Because the residents' mere statement that they were property owners and voters was insufficient to merit standing, and because the public had sufficient opportunity to comment on the issue of conversion and on potential changes to be made to the preliminary draft of an ordinance, their motion for summary judgment was denied.
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Brehm v. Eisner (In re Walt Disney Co. Derivative Litig.), No. 411, 2005,
SUPREME COURT OF DELAWARE, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: Decisions to approve a company president's employment agreement and to terminate him on a non-fault basis did not result from breaches of fiduciary duty by the president and the corporate directors, because the decisions were protected business judgments, made without any violations of fiduciary duty. A claim of corporate waste failed.
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