MUENDEL v. HAUSER


254 A.2d 267 (1969)

Carl H. MUENDEL and Renate Muendel, his wife, Plaintiffs, v. Carl HAUSER and Carl Enterprises, Inc., a corporation of the State of Delaware, Delaware State Board of Health, and New Castle County, Defendants.

Court of Chancery of Delaware, New Castle.

May 7, 1969.


Attorney(s) appearing for the Case

William T. Lynam, III, Wilmington, for plaintiffs.

Clement C. Wood, Wilmington, for defendants Carl Hauser and Carl Enterprises, Inc.

Fletcher E. Campbell, Jr., Deputy Atty. Gen., Wilmington, for defendant Delaware State Board of Health.

Harvey B. Rubenstein, Wilmington, for New Castle County.


MARVEL, Vice Chancellor:

According to the complaint herein as amended, plaintiffs are the owners of two lots in a small development in Centerville, New Castle County. Each such lot has a common boundry with a lot owned by the defendant Carl Hauser, who, on November 11, 1967, filed a second application with the Delaware State Board of Health for approval of a proposed sewage disposal system and private water supply system for a house to be built on said lot. At the...

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