LEVY COURT OF KENT COUNTY v. CITY OF DOVER


325 A.2d 376 (1974)

The LEVY COURT OF KENT COUNTY, a political subdivision of the State of Delaware, Plaintiff, v. The CITY OF DOVER, a municipal corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, Kent.

Decided August 22, 1974.


Attorney(s) appearing for the Case

N. Maxson Terry, Jr., of Terry, Terry & Jackson, Dover, for plaintiff.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for defendant.


BROWN, Vice-Chancellor.

In this action the Levy Court of Kent County, being the governing body for that political subdivision of the State (hereafter "County"), seeks declaratory relief to have a written agreement consummated on August 12, 1969 with the defendant, The City of Dover, a municipal corporation of the State (hereafter "City"), declared void and unenforceable as having been an improper exercise of its governmental authority.

The agreement in issue...

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