New Castle Cty. v. Pike Creek Recreational Servs., LLC

The County moved for partial summary judgment, asking the court to uphold alleged land use restrictions created by two agreements (collectively, the “Master Plan”) that were executed to govern the development of Pike Creek Valley. The Master Plan prevented PCRS from developing any portion of approximately 177 acres that once operated as a golf course. The court concluded that the Master Plan created a restrictive covenant on the golf course that runs with the land; PCRS had not met its burden of demonstrating that mandamus should lie here; and PCRS could not avoid the applicable County approval processes via the presumption statute, res judicata, collateral estoppel, or by claiming violations of constitutional guarantees. Accordingly, the court denied the interested parties’ motion to intervene; granted in part the County’s motion for summary judgment; granted in part PCRS’ motion for summary judgment; and dismissed the petition for a writ of mandamus.

New Castle Cty. v. Pike Creek Recreational Servs., LLC