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CITY OF NEWARK v. UNIVERSITY OF DELAWARE

304 A.2d 347 (1973)

CITY OF NEWARK, a municipal corporation of the State of Delaware, Plaintiff, v. The UNIVERSITY OF DELAWARE, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

March 14, 1973.

Attorney(s) appearing for the Case

Stanley W. Balick, Wilmington, for plaintiff.

John P. Sinclair, Potter, Anderson & Corroon, Wilmington, for defendant.

SHORT, Vice Chancellor:

The sole question presented in this declaratory judgment action is whether the zoning ordinances of the City of Newark (Newark) are applicable to the University of Delaware (University). This is the decision following trial.

Title 14 Del.C. § 5106, in pertinent part, provides:

"Notwithstanding any provisions appearing elsewhere in the laws of this State which might suggest or provide the contrary, the entire control and...

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