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McQUAIL v. SHELL OIL COMPANY

183 A.2d 572 (1962)

John H. McQUAIL and Helen McQuail, his wife, who brought suit with John W. Dukes, et al., Plaintiffs Below, Appellants, v. SHELL OIL COMPANY, a Delaware corporation, Joseph S. Dayton, Harry H. Lambert and Harry B. Roberts, Jr., constituting the Levy Court of New Castle County; and Bayard A. Vandegrift, William R. Manning, John F. Porter, Charles C. Gammons, and Harvey G. Cole, constituting the New Castle County Zoning Commission, and Grey M. Budd, Frances K. Budd, Edward R. Cordery, Lucy C. Cordery, Mary C. Derrickson, Lone Manor Farms, Inc., a Delaware corporation, Harry W. Lynch, Jr., Mary T. Lynch, Ruth F. Vogel, Susanna C. Wallace, Augustus E. Sheats, Elizabeth S. Sheats, Daniel C. Casapulla, Dorothy L. Casapulla, Nolan V. Williams, Meta Williams, Freeman Segars, Ruby B. Segars, Joseph A. Krejci, William H. Brady, Jr., Edith F. Brady, Michael Kitschik and Elena Kitschik, Defendants Below, Appellees.

Supreme Court of Delaware.

July 12, 1962.

Attorney(s) appearing for the Case

William Prickett, Jr., of Prickett, Prickett & Tybout, Wilmington, for appellants.

Edmund N. Carpenter, II, and Richard J. Abrams, of Richards, Layton & Finger, Wilmington, for appellee Shell Oil Company.

Clarence W. Taylor and Robert C. O'Hora, Wilmington, for Levy Court of New Castle County and New Castle County Zoning Commission.

William F. Lynch, II, of Morris, James, Hitchens & Williams, Wilmington, for certain individual appellees.

Clair J. Killoran, of Killoran & Van-Brunt, Wilmington, for certain individual appellees.

David F. Anderson, of Berl, Potter & Anderson, Wilmington, for appellee Ruth F. Vogel.

Joseph Donald Craven, Wilmington, for appellee Joseph A. Krejci.

SOUTHERLAND, C. J., and CHRISTIE and STIFTEL, JJ., sitting.

STIFTEL, Judge.

Plaintiffs appeal from a judgment of the Court of Chancery upholding the decisions of the Levy Court of New Castle County and the New Castle County Zoning Commission, which approved a change of zone of land for Shell Oil Company from R-2 (agricultural and general purposes) to M-3 (heavy industry). The Court denied plaintiffs' prayers for injunctive relief against the defendants to prevent the reclassification...

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