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WILMONT HOMES, INC. v. WEILER

202 A.2d 576 (1964)

WILMONT HOMES, INC., Defendant Below, Appellant, v. Morris WEILER and Marilyn R. Weiler, his wife, Daniel Bergstrom and Esther V. Bergstrom, his wife, George L. Taylor and Grace P. Taylor, his wife, Robert B. Stewart, Jr., and Anne C. Stewart, his wife, and John Panchak and Dorothy Panchak, his wife, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

July 6, 1964.

Attorney(s) appearing for the Case

Robert B. Walls, Jr., Wilmington, for appellant.

Vincent A. Theisen, of Theisen & Lank, Wilmington, for appellees.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from a final judgment of the Vice Chancellor ordering the abatement of the nuisance of periodic flooding of the plaintiffs' land by surface waters, the abatement to be accomplished in accordance with a certain engineering plan.

The plaintiffs are five families, each of which purchased a house and lot in Colonial Woods, a housing development of defendant, Wilmont Homes, Inc. The...

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