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CHATEAU APARTMENTS CO. v. CITY OF WILMINGTON

391 A.2d 205 (1978)

CHATEAU APARTMENTS CO., a partnership, the New Colony North Co., a partnership, Foster Park Associates, a partnership, Jefferson Associates, a partnership, and Monroe Park, a partnership, individually and on behalf of all persons similarly situated, Plaintiffs below, Appellants, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Defendant below, Appellee.

Supreme Court of Delaware.

Decided August 14, 1978.

Attorney(s) appearing for the Case

Bruce M. Stargatt and Richard A. Levine of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs below, appellants.

Jeffrey S. Goddess, City Sol., and John R. Sheridan, Asst. City Sol., Wilmington, for defendant below, appellee.

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

HERRMANN, Chief Justice.

In this action for an injunction, the plaintiffs appeal from the Court of Chancery's dismissal of the complaint on the ground that Chancery lacked jurisdiction because the plaintiffs have an adequate remedy at law.

I.

The plaintiffs are owners of large apartment complexes in Wilmington and suburban New Castle County that receive water service from the Water Department operated by the City of Wilmington. Since 1970, the City...

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