23 F. Supp. 3d 426
D. Del.2014Background
- Gunn challenged ownership of 201 Cornwell Drive, Bear, Delaware, amid multiple prior Delaware court cases.
- Property was foreclosed; U.S. Bank obtained a sheriffs deed and later a writ of possession.
- Delaware Superior Court granted writ of possession on Nov. 12, 2010; sheriff’s removal allegedly occurred Feb. 1, 2011.
- Plaintiffs (U.S. Bank and related entities) filed suit alleging six counts: trespass, conversion, unjust enrichment, tortious interference, slander of title, and abuse of process.
- Plaintiffs sought damages for lost rent and diminished value and a permanent injunction; Gunn filed counterclaims later dismissed.
- The court denied Plaintiffs’ summary-judgment motion, struck Gunn’s cross-motion as untimely, and kept various motions (dismissal, strike, disqualification, show-cause) in play.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trespass—whether there was lawful possession and entry by Gunn | Gunn possessed the property without permission for over two years. | Gunn denies possession from 2005 to Feb. 1, 2011 and disputes damages. | Summary judgment denied due to disputes about possession. |
| Conversion—whether Gunn converted chattel or real property | Gunn’s removal of fixtures constituted conversion of property. | Conversion of real property not actionable; disputes about chattel removals. | Summary judgment denied for conversion; real-property conversion barred; factual disputes on chattel remain. |
| Unjust enrichment—whether Gunn unjustly benefited from occupying the property | Gunn’s occupancy deprived Plaintiffs and enriched Gunn without justification. | Disputes about occupancy and removal of fixtures; no clear unjust enrichment shown. | Summary judgment denied due to factual disputes. |
| Tortious interference with prospective business opportunities | Gunn interfered with sales efforts and title to the property. | Interference alleged but actions may be privileged or not clearly improper; facts unresolved. | Summary judgment denied; issues of fact persist. |
| Abuse of process | Gunn pursued title disputes in bad faith to pressure Plaintiffs. | Overzealous but not shown improper motive under the process; factual questions remain. | Summary judgment denied for abuse of process. |
Key Cases Cited
- Cochran v. City of Wilmington, 77 A. 963 (Del. Super. Ct. 1908) (elements of trespass include possession, entry without consent, and damages)
- Kaye v. Pantone, Inc., 395 A.2d 369 (Del. Ch. 1978) (malice standard for slander of title; improper motive required)
- DeBonaventura v. Nationwide Mut. Ins. Co., 428 A.2d 1151 (Del. 1981) (test for tortious interference balanced with privilege to compete)
- University of Texas v. Camenisch, 451 U.S. 390 (1981) (preliminary injunction standard and evidentiary flexibility)
- Nemec v. Shrader, 991 A.2d 1120 (Del. 2010) (elements and proof required for unjust enrichment; damages and lack of remedy by law)