Ka lin Stewart
p Attorneys at Law
Marc B. Kaplin
Direct Dial: (6lO) 941-2666
Direct Fax: (610) 684-2000
Email: ml
June 20, 2008
BY ELECTRONIC MAIL
The Honorable Leonard P. Stark
United States District Court
844 North King Street
Room 4209
Lock Box 18
Wilmington, DE 19801
Re: Warren, et al. v. New Castle Caunty
C.A. No. 07-725 SLR-LPS
Dear Judge Stark:
I am pleased to report that the parties have executed a memorandum of understanding
setting in place the framework for the possible settlement of this case. To briefly summarize,
the settlement as contemplated involves Toll Bros., Inc. ("Toll") potentially developing a
different parcel of land in lieu of the parcels which are the subject of this litigation. The
settlement as contemplated will require the enactment of certain enabling legislation by New
Castle County ("County") which would allow Toll to transfer development rights ("TDRs")
from the parcels involved in this litigation to a new parcel which will be serviced by sewer
under the County’s current southern sewer service plan. If the settlement as contemplated can
be accomplished, the parcels that are at issue in this case and currently have development
applications pending will be preserved for primarily agricultural uses.
The settlement contemplated by the parties involves a number of factors outside the
parties’ control and therefore additional time is required by the parties to determine if it is
feasible. Toll will require time to conduct investigations of the new land to determine its
suitability for development, negotiate new agreements with the owners of the Port Penn
Properties for the purchase of TDRs instead of the land itself and negotiate agreements with
third parties for the purchase of the new parcel of land. The County will also need time to
consider enacting enabling legislation. To allow the parties time to investigate the feasibility of
the contemplated settlement, attempt to satisfy the contingencies and to prepare and execute a
formal settlement agreement, the parties jointly request that the Court hold this case in
abeyance for a period of four (4) months.
Kaplin Stewart Melrrff Reiter & Stein, PC Q;/ire.: rn.-
Union Meeting Corporate Center Pennsylvania
9l 0 Harvest Drive, P.O, Box 3037 New Jersey
Blue Bell, PA 19422-0765
l (6 i 0) 260-6000 ter
Case 1 :07—cv—00725-SLR-LPS Document 41 Filed 06/20/2008 Page 2 of 2
June 20, 2008
Page 2
We thank the Court for consideration of this request.
Respectfully submitted,
KA\P ¥ IN STEWART MELOFF REITER & STEIN, P.C.
Ei .
Marc B. Kaplin
MBK:cjw
cc: Jeffrey M. Weiner, Esquire (by electronic delivery)
Max B. Walton, Esquire (by electronic delivery)
Gregg E. Wilson, Esquire (by regular mail)
Case 1:07-cv-00725-SLR-LPS
Document 41
Filed 06/20/2008
Page 1 of 2
Case 1:07-cv-00725-SLR-LPS
Document 41
Filed 06/20/2008
Page 2 of 2
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