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TUNNELL v. FRYE

254 A.2d 58 (1969)

James M. TUNNELL, Jr., Mildred S. Tunnell, Robert W. Tunnell, Eolyne K. Tunnell, Partners, t/a Indian Landing, and Kings Cliffe Mobile Homes, Inc. and Dupont Mobile Home Sales, Inc., corporations of the State of Delaware, Appellants, v. Loren H. FRYE, James L. Crothers, Harold L. Jacobs, Wallace F. McFaul, Jr., A. J. Maitland, Wilbur S. Shockley and William C. Henry, constituting the Water and Air Resources Commission of the State of Delaware, Appellees.

Superior Court of Delaware, Sussex County.

March 3, 1969.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Wilmington, for appellants.

N. Maxson Terry, Jr., Dover, for appellees.

OPINION

O'HORA, Judge.

Appellants, owners of a mobile home park in Sussex County, Delaware (the "owners") appeal from a June 21, 1968 decision of the Water and Air Resources Commission ("W.A.R.")1 which granted owners permits to install septic tanks on all except thirty-two of their one hundred and four park lots.

The owners contend that W.A.R. lacked jurisdiction to deny permits as to any of the lots. They rely on 7...

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