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CLAUS v. BABIARZ

185 A.2d 283 (1962)

Henry T. CLAUS, Caesar A. Grasselli, R. Riggs Griffith, IV, and J. B. S. Holmes, Plaintiffs, v. John E. BABIARZ, Mayor of the City of Wilmington, William J. McClafferty, Jr., George A. Mellon, Jr., Charles Protack, Daniel J. Paolino, William H. Burton, Marcello Rispoli, Maurice Rouselle, Jr., Walter J. Brady, Joseph L. Wallace, Samuel G. Albert, George F. Schlor, Joseph F. Novak, Joseph A. Martin, Members of The Council of the City of Wilmington, Paul E. Shockley, Clerk of The Council, Joseph M. Kwiatkowski, City Solicitor, the Mayor and Council of Wilmington, a Municipal Corporation of the State of Delaware, and Metropolitan Associates, Inc., a Corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

November 7, 1962.

Attorney(s) appearing for the Case

Rodney M. Layton and Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for plaintiffs.

Joseph M. Kwiatkowski and James M. Mulligan, Jr., Wilmington, for Mayor and Council of Wilmington and certain individual defendants.

Norman N. Aerenson and Sidney Balick, Wilmington, for Metropolitan Associates, Inc.

SHORT, Vice Chancellor.

This is a taxpayer's action which seeks to enjoin the sale of property owned by the City of Wilmington in the 800 block, Delaware Avenue to defendant, Metropolitan Associates, Inc. (hereinafter Metropolitan) for the sum of $100,000. The property involved, known as the former Wilmington High School property, ceased to be used for school purposes in 1958. On April 6, 1961 the Board of Public Education...

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