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McQUAIL v. SHELL OIL COMPANY

183 A.2d 581 (1962)

John H. McQUAIL and Helen McQuail, his wife, who brought suit with John W. Dukes, et al., Plaintiffs, 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.

Court of Chancery of Delaware, New Castle County.

July 26, 1962.

Attorney(s) appearing for the Case

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

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

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

William F. Lynch, II, of Morris, James, Hitchens & Williams, Willmington, for certain individual defendants.

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

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

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

SHORT, Vice Chancellor.

This action was originally commenced by 10 residents of Blackbird Hundred, New Castle County, Delaware. Eight of these plaintiffs have withdrawn and the action is now being prosecuted in the names of two plaintiffs only, namely, John H. McQuail and Helen McQuail. The complaint is in two counts. The first count challenges the validity of a rezoning order made by the Levy Court of New Castle County and the New Castle County Zoning Commission...

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