Potter Anderson Represents New Castle County in Successfully Overturning Jury Verdict

Potter Anderson & Corroon successfully argued an appeal for New Castle County, which reversed a $7.5 million jury verdict in favor of Wilmington Hospitality LLC.  The Supreme Court of Delaware ruled that Wilmington Hospitality failed to prove the County treated it unfairly when it refused to issue a certificate of occupancy for a hotel that was built one-third larger than allowed by applicable building codes.  Wilmington Hospitality alleged that New Castle County treated the developer differently from other, similarly situated landowners by preventing the developer from opening its hotel.  The developer sued the County, claiming its rights to due process and equal protection of the law were violated.  The lower court judge ruled that the developer could present its claims to a jury, which, after trial, awarded Wilmington Hospitality $7.5 million in damages.  The Supreme Court determined that the case should never have been presented to a jury, as New Castle County had argued below.  Potter Anderson attorneys Peter J. Walsh, Jr. and Sarah DiLuzio represented New Castle County, together with attorneys Hamilton P. Fox and Jay McDannell of Sutherland Asbill & Brennan.