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STATE, ETC. v. NEW CASTLE COUNTY

340 A.2d 171 (1975)

The STATE of Delaware, upon the relation of the SECRETARY OF the DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, Plaintiff, v. NEW CASTLE COUNTY, Defendant.

Superior Court of Delaware, New Castle.

May 21, 1975.

Attorney(s) appearing for the Case

John G. Mulford, Theisen, Lank & Mulford, Wilmington, for plaintiff.

Joseph M. Bernstein, New Castle County Dept. of Law, Wilmington, for defendant.

OPINION

BUSH, Judge.

The Department of Highways and Transportation of the State of Delaware has filed the case at bar against New Castle County seeking a declaratory judgment. The State seeks a ruling that the County is prohibited from taxing state lands notwithstanding their use.

The controversy over this matter has arisen from the County's implementation of the tax exemption power granted it by...

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