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MINQUADALE CIVIC ASSOCIATION v. KLINE

212 A.2d 811 (1965)

MINQUADALE CIVIC ASSOCIATION, Ervin S. Jester, Edward Nilan and Ethel Marie Nilan, Plaintiffs, v. Harry O. KLINE and Regina Kline, Harry O. Kline doing business as H. O. Kline Transfer, Lancaster Transportation Company, Drake Motor Lines, Yale Motor Lines, Lahn Transportation Company, and Shurman Trucking Co.

Court of Chancery of Delaware, New Castle.

July 30, 1965.

Attorney(s) appearing for the Case

Henry A. Wise, Jr., and Michael F. Tucker, of Wise & Suddard, Wilmington, for plaintiffs.

Gerald Z. Berkowitz and Samuel H. Lewis, of Wahl, Greenstein & Berkowitz, Wilmington, for defendants Harry O. Kline and Regina Kline and Harry O. Kline, doing business as H. O. Kline Transfer.

MARVEL, Vice Chancellor.

Plaintiffs seek a permanent injunction against the carrying on by the defendant Harry O. Kline of an allegedly forbidden commercial enterprise in a residential district, it being charged that such operation violates the provisions of a zoning classification duly promulgated by the Levy Court of New Castle County on September 28, 1954. While the wife of Harry O. Kline is also a named defendant and has appeared, she has taken no part in the...

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