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

314 A.2d 182 (1973)

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

Supreme Court of Delaware.

December 12, 1973.

Attorney(s) appearing for the Case

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

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

Before HERRMANN, C.J., CAREY, J., and CHRISTIE, Judge.

HERRMANN, Chief Justice:

In this class action by property owners to have declared invalid special assessments for sewer and water facility improvements, and for an injunction against enforcement of liens levied as a result thereof, the Court of Chancery granted summary judgment in favor of the defendants, Mayor and Council of the City of Dover and the City of Dover (hereinafter "Dover"). See, Del.Ch., 301...

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