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LYNCH v. TUNNELL

236 A.2d 369 (1967)

Raymond A. LYNCH, Eugene R. McNinch, Pauline Postles, William E. Prettyman, Harold A. Tarrant, Edith R. Kendall, Caroline Keene, and Charles M. Moyer, Constituting the State Board of Health of the State of Delaware, Defendants Below, Appellants, v. James M. TUNNELL, Jr., Mildred S. Tunnell, Robert W. Tunnell and Eolyne K. Tunnell, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Reargument Denied November 27, 1967.

Attorney(s) appearing for the Case

Ruth M. Ferrell, Deputy Atty. Gen., Wilmington, for defendants below, appellants.

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and Robert W. Tunnell, of Tunnell & Raysor, Georgetown, for plaintiffs below, appellees.

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

HERRMANN, Justice:

The defendants, constituting the State Board of Health (hereinafter the "Board"), appeal from a preliminary injunction barring the Board from requiring a permit for the operation of a mobile home park by the plaintiffs (hereinafter the "Owners"). The determinative question is whether the Board has the power to require such permit. We think not.

I.

These facts are undisputed: The Owners...

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