CITY OF WILMINGTON v. LORD


340 A.2d 182 (1975)

The CITY OF WILMINGTON, By and Through the WATER DEPARTMENT, Plaintiff, v. Edwin C. E. LORD, Jr., et al., Defendants.

Superior Court of Delaware, New Castle County.

May 28, 1975.


Attorney(s) appearing for the Case

Frederick H. Altergott, Robert Goldberg, Wilmington, for plaintiff.

William Poole, Robert K. Payson, David A. Anderson, Potter, Anderson & Corroon, Wilmington, for certain defendants.


OPINION

O'HARA, Judge.

This is a condemnation action brought by the City of Wilmington in an effort to acquire a site on the Greenhill Golf Course for the construction of a 500,000 gallon elevated water tank. The question before the Court is whether the City of Wilmington acting through its water department may, as a home rule city, condemn certain rights in parkland now held in trust. This Court has previously ruled that a municipality may not exercise...

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