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PIEKARSKI v. STATE EX REL. SECRETARY, ETC.

373 A.2d 209 (1977)

Edmund L. PIEKARSKI, single, Joseph J. Piekarski, and Victoria, his wife, Joseph Lowicki, single, Helen Lowicki, widow, and Frank Lowicki, Defendants below, Appellants, v. The STATE of Delaware, upon the relation of the SECRETARY OF the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Stanley C. Lowicki, Wilmington, for defendants below, appellants.

June D. MacArtor, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

PER CURIAM.

This is an appeal from an Order of Possession of the Superior Court for a permanent easement allowing the Department of Natural Resources and Environmental Control (Department) to undertake the placement of fill to protect the Bowers Beach from erosion and public access along the beach. The action was filed under the authority of 7 Del.C. § 6810(a) of the "Beach Preservation Act of 1972," (7 Del.C. 1953, § 6809; 58 Del.Laws<...

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