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PAUL SCOTTON CON. CO., INC. v. MAYOR & COUN. OF DOVER

301 A.2d 321 (1972)

PAUL SCOTTON CONTRACTING COMPANY, INCORPORATED, a Delaware corporation, et al., Plaintiffs, v. MAYOR AND COUNCIL OF the CITY OF DOVER, and the City of Dover, a municipal corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, Kent.

December 13, 1972.

Attorney(s) appearing for the Case

John J. Schmittinger, of Schmittinger & Rodriguez, Dover, for plaintiffs.

Januar D. Bove, and Bertram S. Halberstadt, of Connolly, Bove & Lodge, Wilmington, for defendants.

MARVEL, Vice Chancellor:

This action is allegedly brought by plaintiffs on behalf of all other property owners similarly situated, however, no attempt has been made to comply with the provisions of Rule 23 concerning the bringing of such form of action, and there has been no determination of a class. Plaintiffs' complaint seeks to have declared invalid special assessments for sewer and water main construction imposed on plaintiffs' real estate by defendants, which...

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