COURT OF CHANCERY OF THE STATE OF DELAWARE Sam Glasscock III VICE CHANCELLOR CHANCERY COURTHOUSE 34 The Circle GEORGETOWN, DELAWARE 19947 AND NEW CASTLE COUNTY COURTHOUSE 500 NORTH KING STREET, SUITE 11400 WILMINGTON, DELAWARE 19980

- 3734

Date Submitted: November 8, 2021 Date Decided: November 1 8
, 20 21

Richard A. Forsten, Esquire M ax Walton , Esquire Saul Ewing LLP Connolly Gallagher LLP 1201 Market Street, Suite 2300 1201 N. Market Street, 20 th Floor Wilmington, DE 19801 Wilmington, DE 19801

RE: Ocean Bay Mart, Inc. v. The City of Reho both Beach , Delaware C.A. No . 2019

- 0467

- SG

Dear Counsel:

Fol lowing post

- trial briefing in this matter, I issued a Memorandum Opinion

on October 13, 202 1, concluding that the Plaintiff , O c ean Bay M art , Inc., had not

secured vested rights (the “ Opinion ” )

. 1 The Plaintiff submitted a Motion for

Reargument on October 20, 2021 (the “ Motion ” )
, 2 which was opposed by the C ity

o f Rehoboth Beach on October 27, 2021. 3 Reply briefing was filed November 5,

202 1. 4 For the reaso ns stated below, the Motion is denied.

1 See generally Ocean Bay Mart v. City of Rehobo th Beach , 2021 WL 4771246 ( Del. Ch. Oc t

. 13, 2021).
2 See Ocean Bay Mart, Inc. ’ s Mot

. Reargument, Dkt. No. 77 [hereinafter “ Mot

. ” ]

. 3 See City of R ehoboth Beach ’ s Br

. Op p ’ n Pl

. ’ s Mot

. R e argument, Dkt. No. 79.
4 See Rep ly Pl. Ocean Bay Mart, Inc. supp

. Mot. Re

- argument, Dkt. No

. 83 [hereinafter “ Reply Br. ” ]

.A motion for reargument should be granted where the court “ has misapplied

the law or misapprehended a fact in such a manner that affects the outcome of the

case. ” 5 “ Where the motion merely rehas he s a rgument s already made by the parties

and considered by the Court when reaching the decision from which reargument is

sought, the motion must be denied. ” 6

The applicable law in det ermining whether a pla intiff has secured vested

rights is a balancing tes t wh ich necessarily lends itself to fact

- finding at the post

trial stage

. The Plaintiff ’ s Motion advances four bases that purportedly call for

reargument , principally suggesting that I either mis apprehended or failed to fully

consider certain facts. 7 Othe r p oints of concern for the Plaintiff are pure
disagreement about the characterization of the record or the weight applied in

balancing facts

. 8

5 Silver Lake v. Urqu hart , 1998 WL 157370
, at *1 ( Del. Ch. Mar. 20, 1998).
6 Wong v. USES H o ld in g Corp.
, 2016 WL 1436594, a t *1 (Del. Ch. Apr. 5, 2016) (citing Lewis v. Aronson, 1985 WL 211 41, at *2 (Del. Ch. June 7, 1985))

. 7 For instance, the Plaintiff suggests that I o verlooked the prior approval of similar condomi nium projects. See Reply Br. at 7. I addressed this in the O pinion

. See Oce an Bay M art , 2021 WL 4771246
, at *9. The Plaint iff also indicates that the Opinion misunderstood that the

“ Newcomb/Sullivan conversation specifically addressed the Table [of Regulations] with respect to the main/sub ordina te building issu e. ” See Reply Br. at 7. The Newcomb/Sullivan

con v ersation is dis cussed in detail in the Opinion, u ltimately finding that while the email was of

some reliance value to the Plaintiff, it was not sufficient to justify a finding of reasonable reliance. See O cean Bay Mart, 2021 WL 4771246
, a t *10

. Whether the conversation specifically address ed the Table of Reg ulations does not alter this finding.
8 See, for example, the argument that “ [t]here was nothing ‘ obs cure ’ or ‘ opa que ’ about the meeting between M s. New comb and Ms. Sullivan

. ” See Mot. at 3.The Plaintiff has not advanced new arguments or pointed to facts that would

change my overall conclusion but ha s m erely reh ashed old arguments previously

presented in its papers and at trial. Its position is that I decided these facts wrongly

in the Opinion

. I f so, the remedy is via appeal.

For the for going reaso ns, the Motion is DENIED.

Sincer ely,

/s/ Sam Glasscock III Vice Chancellor

cc: All co unsel of record (by File & ServeXpress )