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PHILLIPS v. STATE EX REL. DEPT. OF NAT. RES. & ENV. CON.

330 A.2d 136 (1974)

Emmons B. PHILLIPS et al., Defendants Below, Appellants, v. The STATE of Delaware, upon the relation of the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL and the Department of Highways and Transportation, formerly the State Highway Department, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided November 27, 1974.

Attorney(s) appearing for the Case

Blaine T. Phillips, Potter, Anderson & Corroon, Wilmington, for defendants below, appellants.

John T. Gallagher and James F. Waehler, Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, STIFTEL, President Judge, and CHRISTIE, Associate Judge.

HERRMANN, Chief Justice:

This appeal involves the title to a tract of beach land located along the Ocean between Bethany Beach and Fenwick Island in Sussex County consisting of about 14 acres. Title is claimed both by the State of Delaware, plaintiff, and by the defendants. The State brought this action in the Court of Chancery to establish its title. The Court of Chancery held in favor of the State. See State v. Phillips...

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