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ACIERNO v. FOLSOM

337 A.2d 309 (1975)

Frank E. ACIERNO, Plaintiff below, Appellant, v. Henry R. FOLSOM, Jr., Individually and as President of the New Castle County Council, et al., Defendants below, Appellees.

Supreme Court of Delaware.

Decided March 14, 1975.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., David A. Drexler and James F. Waehler, Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellant.

Joseph M. Bernstein, New Castle County Dept. of Law, Wilmington, for defendants below, appellees.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice:

In this case, the New Castle County Council disapproved the appellant's subdivision plan. The appeal is from the denial by the Court of Chancery of injunctive relief sought by the appellant. Two determinative questions are presented: (1) Did1 the County Council have lawful authority to reject a subdivision plan approved by the Planning Board? and if not, (2) Was the appellant...

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