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BLUM v. CITY OF WILMINGTON

272 A.2d 348 (1970)

Jerome BLUM, Marvin Blum, Bennett Blum, Harry Jacobs, Charles Levy and H. Albert Young, a partnership trading under the name of Brodney Associates, owners of "1401", E. J. Frankel, Zerline Frankel, William J. Wolf, Ella Wolf and Lillian Margolin, a partnership trading under the name of "The Mayfair", E. J. Frankel, Benjamin Frankel, Leonard Frankel, William Frankel, David Sapp and Abe Perlman, a partnership trading under the name of "The Dorset", Plaza, Inc., a corporation of the State of Delaware, trading as "The Plaza", Kevy Kaiserman, Hortense Kaiserman, Kenneth Kaiserman, Ronald Kaiserman and Constance Kaiserman, a partnership trading as "Devon Apartments", v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware.

Superior Court of Delaware, New Castle.

November 17, 1970.

Attorney(s) appearing for the Case

Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for "1401".

Andrew G. T. Moore, II, of Killoran & Van Brunt, Wilmington, for "The Plaza".

Albert L. Simon, Wilmington, for "The Mayfair" and "The Dorset".

William E. Taylor, of Taylor & Lindh, Wilmington, for "Devon Apartments".

Clement C. Wood, Asst. City Sol., Wilmington, for defendant, City of Wilmington.

OPINION

CHRISTIE, Judge.

The plaintiffs each operate large high-rise apartment houses in Wilmington. These apartment houses are located in districts zoned for apartments.

The plaintiffs have been paying annual municipal license taxes for each apartment house pursuant to Section 35-39 of the Code of the City of Wilmington, which provides as follows:

"Section 35-39. Dwelling units.

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