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NOLAN v. HERSHEY

249 A.2d 45 (1969)

Lester S. NOLAN, Plaintiff Below, Appellant, v. Harry A. HERSHEY and the Mayor and Council of Wilmington, Defendants Below, Appellees.

Supreme Court of Delaware.

January 2, 1969.

Attorney(s) appearing for the Case

Bruce M. Stargatt and Richard H. May, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff below, appellant.

C. Edward Duffy, and Murray M. Schwartz, of Longobardi & Schwartz, Wilmington, for Harry A. Hershey, defendants below, appellees.

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

PER CURIAM:

This appeal involves an action whereby the plaintiff, Lester S. Nolan, seeks to enjoin the defendant, Harry A. Hershey, from interfering with the right asserted by the plaintiff to treat New York Avenue in Wilmington as a public street. From the Chancery Court's grant of summary judgment in favor of the defendant, the plaintiff appeals.

Here, just as in the Chancery Court, the plaintiff contends that there was a statutory dedication of the area...

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