The Delaware Supreme Court has upheld a decision to dismiss a fraud claim made against Artesian Water Co. by a subdivision developer.
However, it did send back to the Superior Court the issue of the timing of an agreement.
Librio sued the water company based near Newark over provisions in an agreement to provide water service to a subdivision it owns in Bowers Beach, a community on Delaware Bay in central Delaware.
At issue were payments related to adding water service as homes were built on lots in the development known as Bowers Landing.
Artesian has water utility operations in all three of the state’s counties, with the Bowers subdivision in one of its territories.
Justices ruled that the developer had legal representation and should have been aware of provisions in the agreement.
However, the court could not determine when the first agreement went into effect and sent that matter back to Superior Court.
Click here for a link to the high court decision.