Herrmann v. The Town of Ocean View

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROSEMAY HERRMANN, Defendant Below Appellant, v. THE TOWN OF OCEAN VIEW, A Political Subdivision of the State of Delaware, Plaintiff Below, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 217, 2011 Court Below: Court of Chancery of the State of Delaware C.A. No. 4973 Submitted: November 23, 2011 Decided: December 9, 2011 Before STEELE, Chief Justice, BERGER, JACOBS, RIDGELY, Justices and VAUGHN, President Judge* constituting the Court en Banc. ORDER This 9th day of December 2011, the Court, having carefully considered the decision and judgment of the Court of Chancery dated March 30, 2011 together with the briefs of the parties and their contentions in oral argument, has determined as follows: To the extent that (a) the issues raised on appeal are factual, the record evidence supports the trial judge s factual findings; (b) the errors alleged on appeal are attributed * Sitting by designation pursuant to Del. Const. Art. IV §12. to an abuse of discretion, the record does not support those assertions; (c) the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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