NEW CASTLE COUNTY v. MAYOR AND NEW CASTLE COUNTY


372 A.2d 188 (1977)

NEW CASTLE COUNTY, Defendant below, Appellant, v. The MAYOR AND COUNCIL OF NEW CASTLE, a Municipal Corporation of the State of Delaware, et al., Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided March 2, 1977.


Attorney(s) appearing for the Case

Joseph M. Bernstein, Wilmington, for defendant below, appellant.

Henry N. Herndon, Jr., and Edward M. McNally of Morris, James, Hitchens & Williams, Wilmington, for plaintiffs below, appellees.

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


HERRMANN, Chief Justice:

The City of New Castle sought a declaratory judgment in the Court of Chancery as to the validity of a 1975 New Castle County Ordinance increasing the sewer service rates charged to the City and its residents. This increase, the City argued, was in violation of a 1950 Agreement between the City and the County which provided for the interconnection of the City and County sewage systems and established...

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