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SCARBOROUGH v. MAYOR & COUN. OF TOWN OF CHESWOLD

303 A.2d 701 (1973)

Helen SCARBOROUGH et al., Plaintiffs, v. The MAYOR AND COUNCIL OF the TOWN OF CHESWOLD, an incorporated municipality, et al., Defendants.

Court of Chancery of Delaware, Kent.

January 23, 1973.

Attorney(s) appearing for the Case

Roy S. Shiels, Brown, Shiels & Barros, Dover, for plaintiffs.

Nicholas H. Rodriguez, Schmittinger & Rodriguez, Dover, for defendants.

DUFFY, Chancellor:

Plaintiffs, residents of the Town of Cheswold, an incorporated municipality, seek to enjoin construction of a drive-in theatre by the corporate defendant, Midway Enterprises, Inc.

In September 1972 the Town Council approved a zoning change which would have permitted construction of the theatre. Plaintiffs originally alleged that the change was invalid because the Council had failed to follow mandatory...

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