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BOARD OF ASSESS. REV., ETC. v. SILVERBROOK, ETC.

378 A.2d 619 (1977)

The BOARD OF ASSESSMENT REVIEW OF NEW CASTLE COUNTY, Respondent Below, Appellant and Cross-Appellee, v. The SILVERBROOK CEMETERY COMPANY, a Delaware Corporation, et al., Petitioners Below, Appellees and Cross-Appellants.

Supreme Court of Delaware.

Decided August 11, 1977.

Motion for Reargument Denied September 7, 1977.

Attorney(s) appearing for the Case

Joseph M. Bernstein and William Annos, New Castle County Dept. of Law, Wilmington, for respondent below, appellant and cross-appellee.

Bruce M. Stargatt, Richard H. May, of Young, Conaway, Stargatt & Taylor, Wilmington, for petitioners below, appellees and cross-appellants, The Silverbrook Cemetery Co. and Gracelawn Memorial Park, Inc.

James M. Mulligan, Jr., John R. Bowman, Henry E. Gallagher, Jr., of Connolly, Bove & Lodge, Wilmington, for petitioner below, appellee and cross-appellant, Interstate Cemetery Company.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice (for the majority):

In these tax assessment cases, the main issue in this consolidated appeal is whether Article VIII, § 1 of the Delaware Constitution1 empowered the New Castle County Council to repeal by ordinance property tax exemptions previously created by the General Assembly. The Superior Court held that it did not. See 355 A.2d 908

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