PIEKARSKI v. SMITH


153 A.2d 587 (1959)

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 Below, Appellants, 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, Appellees.

Supreme Court of Delaware.

July 28, 1959.


Attorney(s) appearing for the Case

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

S. Samuel Arsht and Harvey S. Kronfeld, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellees State Highway Department and the Chief Engineer.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


SOUTHERLAND, Chief Justice.

Plaintiffs are citizens and taxpayers residing in the City of Wilmington. They seek to enjoin the State Highway Department from proceeding with the construction of a controlled-access facility through the City. The facility will be a Federal Aid Interstate Highway. The case was heard by the Vice Chancellor on pleadings and affidavits. He rejected all of the plaintiffs' contentions and granted the...

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