Defense prevails in commercial litigation case argued via Zoom.
We prevailed on a contentious motion to dismiss in the Delaware Chancery Court, via Zoom. We represented a property owners' association of a Lewes, Delaware mixed-use, commercial/residential community. The president of the property owners' association had made a proposal for increasing revenue, which the commercial owners considered a violation of the Declaration. The commercial owners sued the property owners' association and board for breach of fiduciary duty and breach of contract/declaration, requesting injunctive relief as well as a declaratory judgment that the proposal violated the Declaration. The court found that, although the Delaware Declaratory Judgment Act enables the courts to advance the stage at which a matter traditionally would have been justiciable, an actual or justiciable controversy concerning the proposal did not exist in this matter. The court found no actual breach, no basis for injunctive relief, and dismissed all counts.