The Delaware Court of Chancery has dismissed a lawsuit begun 13 years ago by a real estate developer against New Castle County over sewer construction in a residential neighborhood after the parties filed competing motions to abandon or rescind a settlement reached seven years ago but never entered into the court record.
In dismissing the case with prejudice, Delaware Court of Chancery Vice Chancellor Sam Glasscock III concluded the parties were bound by a 2007 settlement agreement that the plaintiff contended was rescinded in 2010 by oral contract. He held that any litigation over the settlement must be initiated as a new lawsuit.
