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CORDER v. CITY OF MILFORD

196 A.2d 406 (1963)

Max CORDER, George Robbins, Ernest Macklin, Crerar Bennett, Composing the Board of Education of the Milford Special School District, Plaintiffs, v. CITY OF MILFORD, a municipal corporation of the State of Delaware, Defendant.

Superior Court of Delaware, Sussex.

December 5, 1963.

Attorney(s) appearing for the Case

John E. Messick, Georgetown, for plaintiffs.

Houston Wilson, Georgetown, for defendant.

CHRISTIE, Judge.

In this action, the plaintiffs who constitute Board of Education of the Milford Special School District, a State agency, seek to recover building permit fees which have been paid to the defendant municipality in connection with the School Board's construction projects.

The permits in question were obtained pursuant to the Milford Building Code which provides that:

"(a) No building or structure...

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