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HEARN BROTHERS, INC. v. CITY OF NEWARK

261 A.2d 532 (1969)

HEARN BROTHERS, INC., a corporation of the State of Delaware, Plaintiff, v. CITY OF NEWARK, a corporation of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

December 23, 1969.

Attorney(s) appearing for the Case

Wayne N. Elliott, Wilmington, for plaintiff.

Clyde M. England, Jr., Wilmington, for defendant.

QUILLEN, Judge.

The Newark City Council enacted ordinance number 65-62 approving the annexation and rezoning of certain property owned by Hearn Brothers, Inc., and simultaneously, by resolution number 65-X, approved the development and plot plan recommended by the Newark Planning Commission. The development plan, worked out between Hearn Brothers, the City Engineer and the Planning Commission, included a capital expenditure...

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