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Munro v. Beazer Home Corp.

2011 WL 2651910 (2011)

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Munro v. Beazer Home Corp.

Delaware Court of Common Pleas

2011 WL 2651910 (2011)

Facts

Timothy Munro (plaintiff), an adjacent landowner, opposed a new retirement community and resulting sewer-line expansion planned by Kenneth Woodring (defendant). Unless Munro could obtain an exemption, the county could order him to connect his lot to the sewer line. To overcome Munro’s opposition, Woodring contractually promised to file papers for Munro’s exemption. Woodring also promised that if the county did order Munro’s sewer connection, Woodring would pay Munro’s hookup costs. However, Woodring took no action to file for Munro’s exemption. Later, Woodring gave Munro a second contract promising that once subdivision construction began, Woodring would connect Munro’s property to the sewer line at his own expense. Woodring subsequently ran into financial difficulty, sold the subdivision-development rights to Beazer Home Corporation (Beazer) (defendant), and repudiated the second contract. Although the county had not yet required Munro to connect to the sewer line, Beazer disclaimed any obligation to pay for the hookup. Munro sued Woodring and Beazer in the Delaware Court of Common Pleas.

Rule of Law

Issue

Holding and Reasoning (Beauregard, J.)

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