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TUSSO v. SMITH

156 A.2d 783 (1959)

Frank J. TUSSO and Dorothy H. Tusso, on behalf of themselves and others similarly situated, Plaintiffs, v. J. Gordon SMITH, Benjamin F. Shaw, II, Benjamin Abelman, Thurman G. Adams, J. Draper Brown, Dallas D. Culver, Samuel F. Fox, Frank R. Grier, Edward Kelly, William P. Richardson, Hugh R. Sharp, Jr., and Robert D. Thompson, constituting State Highway Department of State of Delaware, and Richard A. Haber, Chief Engineer and Mayor and Council of Wilmington, a municipal corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

December 15, 1959.

Attorney(s) appearing for the Case

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

S. Samuel Arsht and Harvey S. Kronfeld (of Morris, Nichols, Arsht & Tunnell), Wilmington, for individual defendants.

Stewart Lynch, City Sol., Wilmington, for defendant, Mayor and Council of Wilmington.

MARVEL, Vice Chancellor.

Plaintiffs, who own a home in the vicinity of Adams and Jackson Streets in Wilmington, Delaware, bring this action not only as qualified voters, freeholders and taxpayers but as members of a so-called Taxpayers' Protective Association made up of residents of the Adams-Jackson Streets area who are opposed to the construction by the State Highway Department of a proposed freeway through that section of the City of Wilmington. They sue on behalf...

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