Shellburne Civic Association, Inc. et al. v. Brandywine School District, et al., Court of Chancery (C.A. No. 2273-N)
On September 1, 2006, the Delaware Court of Chancery dismissed plaintiffs' complaint against Talleyville Girls Softball League, Inc., the Brandywine School District, the Board of Education of the Brandywine School, New Castle County and the State of Delaware.
Martin S. Lessner, a partner in Young Conaway's Corporate Counseling and Litigation section and Lisa B. Goodman, partner and chair of the Young Conaway Commercial Real Estate, Banking and Land Use section, successfully defended claims against enjoinment of the construction of Talleyville's new softball complex.
The plaintiffs brought this action claiming that the property was leased to Talleyville Girls softball in violation of a state statute that generally governs the actions of school districts in selling or leasing surplus land or property. They also attacked the validity of the lease on several constitutional grounds.
The court concluded that the statute the plaintiffs relied upon did not apply to the lease at issue and, further, concluded that the constitutional challenges were facially defective. Thus, the action must be dismissed.
Martin S. Lessner, a partner in Young Conaway's Corporate Counseling and Litigation section and Lisa B. Goodman, partner and chair of the Young Conaway Commercial Real Estate, Banking and Land Use section, successfully defended claims against enjoinment of the construction of Talleyville's new softball complex.
The plaintiffs brought this action claiming that the property was leased to Talleyville Girls softball in violation of a state statute that generally governs the actions of school districts in selling or leasing surplus land or property. They also attacked the validity of the lease on several constitutional grounds.
The court concluded that the statute the plaintiffs relied upon did not apply to the lease at issue and, further, concluded that the constitutional challenges were facially defective. Thus, the action must be dismissed.