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REINBACHER v. CONLY

141 A.2d 453 (1958)

W. Rudolph REINBACHER and Christl A. Reinbacher, Plaintiffs, v. James S. CONLY and Charles E. Klingmeyer, G. Lester Cleaver and Joseph F. Dayton, constituting the Levy Court of New Castle County, Delaware, and Levy Court of New Castle County, Delaware, a body politic, Defendants.

Court of Chancery of Delaware, New Castle.

On Motions for Summary Judgment April 16, 1958.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, for plaintiff.

Michael A. Poppiti, Wilmington, for defendants, the Commissioners of the Levy Court of New Castle County, and the Levy Court of New Castle County.

Clyde M. England, Jr., for defendant, James S. Conly.

MARVEL, Vice Chancellor.

The complaint filed herein is concerned with the use to which a small plot of land located in Brandywine Hundred may lawfully be put. The defendant, James S. Conly, now has administrative approval, given under a zoning plan and regulations promulgated by the Levy Court of New Castle County pursuant to the provisions of Chapter 26 of Title 9, Del.C. to use the plot in question for commercial-neighborhood shopping purposes. The plot fronts on...

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