By Justice Scalia, the Supreme Court #SCOTUS recognized two ways in which a federal district court could enforce a civil case settlement for a case that had been dismissed; one way of which involved settlement enforcement that promoted successful court functioning. Under Kokkonen, a federal district court may enforce a civil case settlement order after incorporating the terms of the settlement in the order.
The complaint is that the State court of equity did not honor its own order in CA-19557-NC decided June 20, 2002. VC Noble ordered, “Counsel shall confer and submit an implementing form of order within ten days.” In equity cases, the court will fashion almost any remedy it seems fit so that both parties win or both parties lose. Submitting a simple implementing form of order was never fulfilled. To date the breach after being detected, the Court has been indifferent to making final the order. In this unique case, the winning party (Dwight L. Davis) seemingly was made to lose.
With the dispute now in Federal Court recently retired Chancery Court judge Vice Chancellor Noble who decided the original case leaves the bench with a dark cloud looming. Overall, Davis sought relief from the chancery court to enforce by-laws of a community-based organization (CBO) representing which has become one of the most notorious blighted, crime ridden sections of Wilmington DE, dubbed by @Newsweek magazine Murder Town USA. For over a decade hundreds of thousands dollars in grants via Wilmington UDAG have been funneled into the CBO with little to no oversight absent the chancery court implementation order, an impediment to Davis’s fiduciary duties. The chancery court decision declared Davis and two others to be members of WCCNPAC board of directors. Today, Davis seeks to rightfully use the WUDAG funds to first save the WCCNPAC office building from it’s impending foreclosure sheriff sale; revive community institutions which for decades have supported many families providing much needed services and jobs; West Center City day care center, Hicks Anderson community center, and several nonprofits making available #college access to #job training. Davis believes first and foremost that city revitalization must be built on long standing institutions with proven track records of success.
Federal Court Judge Richard G. Andrews will decide the dispute (C.A. No. 16-44-RGA). Specifically, a court of law must follow the black letter rules, while a court of equity has the ability to do what is fair and equal. Contract and other written document cases are court of law cases; the matter is “black letter law” that should have been performed. It is a matter of “you did or did not do” something, regardless of the social circumstances.
#DefiningBlackCommunity YOU CAN DEFINE SOMETHING THAT HAS MEANING.
the process of putting a decision or plan into effect; execution.