Wilmington Hospitality, LLC v. New Castle County, (Del. Super., April 26, 2007) read opinion here.
This case involved a lengthy dispute over the construction of a hotel in Wilmington for which a Certificate of Occupancy was denied due to the failure to comply with the requirements and the conditions on which a building permit was issued. The hotel building was 99% finished but has been unoccupied for many years due to this dispute. This case is a small part of a multifaceted litigation strategy that has been transpiring over many years, including the bankruptcy of the entity that was formed to construct the hotel.
This opinion was based on a Motion for Summary Judgment and a Motion to Exclude Experts. The Motion for Summary Judgment was based on the claim made pursuant to Section 1983 of Title 42 of the United States Code regarding deprivation of property without equal protection, asserting that the developer had been treated differently from others similarly situated in New Castle County. The court concluded that there were too many factual issues to decide that motion. However, the court described in detail the prerequisites in order to establish such a claim and the factual matters that needed to be more thoroughly developed at trial.
Regarding the Motion to Exclude Expert Testimony based on a claim that the expert relied on reports not conducted by himself, the court determined that a Daubert hearing was required to determine whether experts in the field reasonably rely on such appraisals that were not conducted personally by the expert accountant that was being proffered.