CITY OF WILMINGTON, WATER DEPARTMENT v. LORD


332 A.2d 407 (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.

January 24, 1975.


Attorney(s) appearing for the Case

Frank J. Gentile, Jr., Acting City Sol., Wilmington, for plaintiff.

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


OPINION

O'HARA, Judge.

This Court has previously granted defendants' motion to dismiss in this condemnation action brought by the City of Wilmington by and through the Water Department, to acquire a site on the Greenhill Golf Course. Plaintiff will be referred to as the "City". The City has moved for reargument relying upon the reasons discussed below.

The City argues that the Court erred in applying the doctrine of prior public use, as set forth...

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