DURR v. HART


150 A.2d 316 (1959)

Joseph S. DURR, Plaintiff, v. Lee R. HART, Lawrence M. Himes, Dorothy M. Himes, Peter Piunti, Celestine Piunti, Ed Roark, Grace Roark, Defendants.

Court of Chancery of Delaware, New Castle.

March 18, 1959.


Attorney(s) appearing for the Case

Elwood F. Melson, Jr., Wilmington, for plaintiff.

Julian D. Winslow, Wilmington, for defendants.


SEITZ, Chancellor.

The plaintiff, a lot owner in a development known as DuRoss Heights, brought this action on his own behalf and on behalf of residents of DuRoss Heights and the traveling public generally to enjoin the defendants from closing off and obstructing a portion of the bed of a 30' wide strip shown on the recorded plan of such development. Plaintiff's lot is not contiguous to such strip. The strip extends from...

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