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BUSH v. CITY OF DOVER

260 A.2d 432 (1969)

Ida T. BUSH, Plaintiff Below, Appellant, v. The CITY OF DOVER, a Municipal Corporation of the State of Delaware, Defendant Below, Appellee. Gustav KONSCHAK and Matilda Konschak, Plaintiffs Below, Appellants, v. The CITY OF DOVER, a Municipal Corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

November 21, 1969.

Attorney(s) appearing for the Case

G. Francis Autman, Jr., Dover, for plaintiffs below, appellants.

Nicholas H. Rodriguez, City Solicitor, Dover, for defendant below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

The plaintiffs seek to enjoin the City of Dover from installing sidewalks contiguous to their properties, and from assessing and collecting the costs thereof from the plaintiffs. The Chancery Court dismissed the complaint for failure to state a claim upon which relief may be granted. The plaintiffs appeal.

I.

The case is governed by 36 Del.L.Ch. 158, Sec. 28 as amended (see 37 Del.L.Ch...

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