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ACIERNO v. FOLSOM

313 A.2d 904 (1973)

Frank E. ACIERNO, Plaintiff, v. Henry R. FOLSOM, Jr., Individually and as President of the New Castle County Council, et al., Defendants.

Court of Chancery of Delaware, New Castle.

On Reargument May 24, 1973.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., David A. Drexler and James F. Waehler of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Harvey B. Rubenstein, Asst. County Atty. of New Castle County, and Thomas F. Luce, County Atty. of New Castle County, Wilmington, for defendants.

MARVEL, Vice Chancellor:

Plaintiff is the long term lessor of a large part of a parcel of land consisting of some forty acres situate in New Castle County and located near the intersection of Interstate Highway 95 and Route 273. He also owns in fee simple a small parcel of land adjoining the leased tract which parcel fronts on Route 273. The entire parcel of some forty acres here in issue is zoned M-1 and C-2 under New Castle...

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