HENLOPEN ACRES v. POTTER


127 A.2d 476 (1956)

HENLOPEN ACRES, Inc., a corporation of the State of Delaware, Plaintiff, v. Sheldon F. POTTER, Defendant.

Court of Chancery of Delaware, Sussex.

December 13, 1956.


Attorney(s) appearing for the Case

James M. Tunnell, Jr. (of Tunnell & Tunnell), Georgetown, for plaintiff.

Houston Wilson, Georgetown, for defendant.


SEITZ, Chancellor.

This is an action by a maintenance corporation to enforce by foreclosure a so-called lien for annual maintenance charges as provided by deed. The basic issue presented is the legality of an increase in the so-called maintenance assessments on the lot holders.

Plaintiff corporation admittedly is responsible for the management and maintenance of Henlopen Acres, a seashore development commenced in 1930. In 1947, defendant purchased for $1,700...

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