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PRUETT v. DAYTON

168 A.2d 543 (1961)

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.

March 13, 1961.

Attorney(s) appearing for the Case

Vincent A. Theisen and Victor F. Battaglia (of Theisen & Lank), Wilmington, for plaintiffs.

Clarence W. Taylor (of Hastings, Taylor & Willard), Wilmington, for defendant, Levy Court of New Castle County.

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

E. Dickinson Griffenberg, Jr. (of Killoran & VanBrunt), Wilmington, for defendants, Dominick Cantera and Marion Cantera.

SEITZ, Chancellor.

The plaintiffs are Llangollen Club and certain residents of Llangollen Estates. They seek a preliminary injunction preventing defendants from continuing the operation of a sanitary land-fill on property adjoining their residential development. The members of the Levy Court are made defendants because, pursuant to statute, they leased the land in question for the use now being made of it. Also, pursuant to statute, the Levy Court entered into a contract...

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