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WOOTERS v. JORNLIN

Civ. A. No. 78-404.

477 F.Supp. 1140 (1979)

Rosemarie C. WOOTERS, Glenn Wooters, Patricia Johnson, Donald Johnson, Cynthia Loveless and Harry Loveless, on behalf of themselves and all other residents of Brookmont Farms, a residential development in New Castle County, Delaware, Plaintiffs, v. Mary D. JORNLIN, Individually and as County Executive of New Castle County, Henry J. Folsom, Jr., Individually and as former acting County Executive of New Castle County, Melvin Slawik, Individually and as former County Executive of New Castle County, Albert W. Madora, Individually and as Director of the New Castle County Department of Public Works, Stephen Kowalchuk, Jr., Individually and as Director of Development and Licensing of the New Castle County Department of Public Works, Warren O'Sullivan, Individually and as former acting Director of Development and Licensing of the New Castle County Department of Public Works, Edward F. Peterson, Individually and as former Director of Development and Licensing of the New Castle County Department of Public Works, Thomas Fede, Individually and as Chief Building Inspector of the New Castle County Department of Public Works, James Cunane, John Dugan, Robert Roberto, and Clifford Turner, Individually and as building inspectors of the New Castle County Department of Public Works, New Castle County, a political subdivision of the State of Delaware, David Biloon, Individually and as Director of Lines and Grades of the New Castle County Department of Public Works, Maryland National Bank, a National Bank chartered in the State of Maryland, and Mr. Real Estate Co., a Delaware Corporation, Defendants.

United States District Court, D. Delaware.

September 20, 1979.

Attorney(s) appearing for the Case

Elwyn Evans, Jr., Wilmington, Del., and Walter L. Pepperman II, and Donald A. Jenkins of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., of counsel, for plaintiffs.

Gary W. Aber and Howard M. Berg of Berg, Aber & Heckler, P.A., Wilmington, Del., for defendant, New Castle County and the individual defendants.

Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, Del., and Charles T. Albert, Paul V. Niemeyer and Stewart K. Diana, Baltimore, Md., for defendant, Maryland National Bank.

Samuel J. Frabizzio, Wilmington, Del., for defendant, Mr. Real Estate Co.

OPINION

LATCHUM, Chief Judge.

Rosemarie C. Wooters and five other homeowners ("Plaintiffs") of Brookmont Farms, a residential development in New Castle County, Delaware, commenced this action on their own behalf and all other homeowners of the development,1 seeking damages and injunctive relief under 42 U.S.C. § 1983. The defendants are New Castle County, five building inspectors, and various other county officials (the...

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