STATE v. KLINGMEYER


141 A.2d 451 (1957)

STATE ex rel. James S. CONLY v. Charles E. KLINGMEYER, G. Lester Cleaver and Ellwood S. Leach, Commissioners of the Levy Court of New Castle County.

Superior Court of Delaware, New Castle.

February 5, 1957.


Attorney(s) appearing for the Case

Clyde M. England, Jr., of Killoran & Van Brunt, Wilmington, for plaintiff.

Michael A. Poppiti, Wilmington, for defendants.


CAREY, Judge.

The question presented here is whether or not the stipulated facts justify summary judgment for the relief sought. That relief would consist of an order directing the rezoning of plaintiff's land from the R-1-B classification to the C-1 classification. Under familiar rules pertaining to summary judgments and actions of mandamus, it could be granted only if the undisputed facts clearly show the lands to be wrongly placed in R-1-B, and only if the Levy...

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