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PRUETT v. DAYTON

166 A.2d 440 (1960)

Carl E. PRUETT, Rosemary S. Pruett, Norman M. Jones, Helen G. Jones, James W. Black, Annie C. Black, Carl F. Kammerer, Mary Kammerer, Roger T. Cheche, Frances S. Cheche, Lulu P. Hutchison, Llangollen Club, Inc., a Delaware corporation, Plaintiffs, v. Joseph F. DAYTON, G. Lester Cleaver, Harry H. Lambert, constituting the Levy Court of New Castle County, Land-Fill, Inc., a Delaware corporation, Dominick Cantera and Marion Cantera, Defendants.

Court of Chancery of Delaware, New Castle.

October 31, 1960.

Attorney(s) appearing for the Case

Vincent A. Theisen, of Theisen & Lank, Wilmington, for plaintiffs.

Clarence W. Taylor, Wilmington, for defendants, Joseph F. Dayton, G. Lester Cleaver and Harry H. Lambert, constituting the Levy Court of New Castle County.

Clement C. Wood, of Allmond & Wood, Wilmington, for defendant, Land-Fill, Inc.

Clair J. Killoran, of Killoran & VanBrunt, Wilmington, for defendants, Dominick and Marion Cantera.

SEITZ, Chancellor.

Plaintiffs seek to restrain the defendants from using certain land for sanitary landfill purposes or, less euphemistically, a dump. The land is located next to a residential development known as Llangollen Estates. The Levy Court action is taken pursuant to statutory power. See 9 Del. C. § 2401 et seq., as amended. The statute permits the Levy Court to acquire or obtain the use of land for a sanitary...

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