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ANDERSON v. MAYOR AND COUNCIL OF WILMINGTON

137 A.2d 521 (1958)

David F. ANDERSON and Anne B. Anderson, Plaintiffs, v. The MAYOR AND COUNCIL OF WILMINGTON, a Municipal Corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

January 9, 1958.

Attorney(s) appearing for the Case

David F. Anderson, Wilmington, for plaintiffs.

Stewart Lynch, City Sol., and James F. Kelleher, Asst. City Sol., Wilmington, for defendant.

MARVEL, Vice Chancellor.

Plaintiffs being owners of real estate in Wilmington are City taxpayers. They sue to enjoin defendant from consummating a proposed sale to the Board of Public Education of Wilmington of 6.35 acres of City park land for the sum of $350,000. The Board of Park Commissioners which by statute is responsible for the care and management of all City park lands has expressed its disapproval of such sale and the State Board of Education for various...

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