UNREPORTED CASES

137 HYETTS CORNER, LLC V. NEWCASTLE COUNTY No. 2020-0940-MTZ Court of Chancery for the State of Delaware September 14, 2021 Richard L. Abbott, Esquire, of Abbott Law Firm, Hockessin, Delaware, for plaintiff. To maintain the Development, Hyetts formed nonparty Windsor South at Hyett's Comer Maintenance Corporation (the "Maintenance Corporation"), which is now controlled by the Development's homeowners. Since 2007, seventy-eight of the eighty-four lots in the Development have been sold to homebuilders and subsequently purchased by residential homeowners.The final six lots remain undeveloped (the "Undeveloped Lots"). The New Castle County Unified Development Code (the "Code") requires developers to reach certain development milestones on community spaces before building permits can be issued.5 For a development with open space, that work "shall be completed at suchtime the open space area or common facilities are no longer directly and materially affected by construction activity but shall be completed no later than the issuance ofhinety (90) percent of permits for dwelling units. "6 The Department of Land Use may, "for good cause shown, allow additional time for completion of the open space"upon certain conditions and upon approval of the developer's written proposal.7 That approval may take the form of a Completion Agreement.8 On September 12, Kurt Schultz, a Hyetts representative and member of the Maintenance Corporation, emailed Smith complaining that the delay in reaching a Completion Agreement was preventing construction on homes for buyers currentlystaying in temporary housing.9 Smith's response later that day states, in its entirety: