JESTER v. COMMISSIONERS OF LEWES


134 A.2d 257 (1957)

Norman JESTER, Joseph Kollock, and Frank Dawson, composing the Board of Assessment of Sussex County; Louis V. Spencer, Receiver of Taxes and County Treasurer for Sussex County; and Clarence Lingo, Levi Warrington, and Victor Adams, composing the Levy Court of Sussex County, Appellants, v. COMMISSIONERS OF LEWES, Appellee. Norman JESTER, Joseph Kollock, and Frank Dawson, composing the Board of Assessment of Sussex County; Louis V. Spencer, Receiver of Taxes and County Treasurer for Sussex County; Clarence Lingo, Levi Warrington, and Victor Adams, composing the Levy Court of Sussex County, Appellants, v. The CITY OF SEAFORD, a municipal corporation of the State of Delaware, Appellee.

Supreme Court of Delaware.

July 22, 1957.


Attorney(s) appearing for the Case

Daniel J. Layton, Sr., and H. Edward Maull, Georgetown, for appellants.

James M. Tunnell, Jr., and J. W. Raysor, of Tunnell & Tunnell, Georgetown, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


SOUTHERLAND, Chief Justice.

This case presents a single question: Is all the real estate of a municipality in this State used for public purposes impliedly exempt from county taxation, or does the implied exemption extend only to property used for governmental purposes?

In the court below two municipalities in Sussex County, Lewes and Seaford, sued for a judgment declaring their properties exempt from county taxation. The Vice Chancellor was of the opinion...

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