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PIEKARSKI v. SMITH

147 A.2d 176 (1958)

Veronica B. PIEKARSKI, single woman, Walter S. Sosik, Carmella M. Sosik, Emory L. Bauer and Margery Hill Bauer, on behalf of themselves and others similarly situated, Plaintiffs, v. J. Gordon SMITH, Benjamin F. Shaw, II, Benjamin Ableman, Thurman G. Adams, J. Draper Brown, Dallas D. Culver, Samuel J. Fox, Frank R. Grier, Edward Kelly, William P. Richardson, Hugh R. Sharp, Jr., and Robert D. Thompson, constituting the State Highway Department of the State of Delaware, and Richard A. Haber, Chief Engineer, and The Mayor and Council of Wilmington, a municipal corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

December 30, 1958.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Hiram W. Warder, Wilmington, for plaintiffs.

S. Samuel Arsht and Harvey Kronfeld, Wilmington, for individual defendants constituting State Highway Department of State of Delaware and defendant, Richard A. Haber.

Stewart Lynch, City Solicitor, Wilmington, for defendant, The Mayor and Council of Wilmington, a municipal corporation.

MARVEL, Vice Chancellor.

Plaintiffs, who own taxable real estate in the vicinity of Adams and Jackson Streets in the City of Wilmington, bring this class suit to enjoin the construction of a proposed freeway or limited access highway (designated as FA 1-2 by the Bureau of Roads of the United States Department of Commerce) to the extent that such highway as now designed proposes to bisect the City of Wilmington on a line running from the City's southern border across...

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