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FRANKEL v. CITY OF WILMINGTON

278 A.2d 327 (1971)

E. J. FRANKEL et al., Plaintiffs Below, Appellants, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

May 10, 1971.

Attorney(s) appearing for the Case

Albert L. Simon, Wilmington, for appellants.

Victor F. Battaglia, City Sol., Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

PER CURIAM.

This is an appeal from the Superior Court which entered a declaratory judgment against the appellants who own and operate an apartment building in which they rent office space, requiring them to pay, under § 35-37 of the City of Wilmington's Code, a license fee for the rental of office space.

Wilmington City Code requires separate license fees for the leasing of three or more dwelling units in a building, and for the leasing of more than 2500...

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