The Town of South Bethany v. Nagy (Del. Ch., May 12, 2006), download file. In this case the Chancery Court had jurisidiction based on a request for injunctive relief to enforce a new ordinance. The Court found that a new ordinance which, in effect, retroactively banned a floating dock installed by a town resident was a proper exercise of police power to protect the health, welfare and safety of town residents. There was neither an obligation to have a “grandfather clause” nor did the dock qualify, when built, as a legal nonconforming use.
The court exercised its discretion to waive the exhaustion of administrative remedies before filing suit (thus defeating that attempted defense); and as a procedural matter, determined that Chancery Court Rule 56(h) applied based on the two cross-motions and due to neither party raising factual issues. Thus, pursuant to Rule 56(h), the cross-motions for summary judgment were treated as a stipulation for decision on the merits based on the record submitted with the motion and thus no normal inferences in favor of the non-moving party would apply.