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STATE v. PHILLIPS

400 A.2d 299 (1979)

The STATE of Delaware, upon the Relation of the Department of Natural Resources and Environmental Control and the Department of Highways and Transportation, formerly the State Highway Department, Plaintiff, v. Emmons B. PHILLIPS and Mae T. Phillips, husband and wife, and Blaine T. Phillips and Janet Cozart Phillips, husband and wife, Defendants.

Court of Chancery of Delaware, Sussex.

Decided March 1, 1979.

Attorney(s) appearing for the Case

John T. Gallagher and James F. Waehler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Blaine T. Phillips, of Potter, Anderson & Corroon, Wilmington, for defendants.

HARTNETT, Vice Chancellor.

This case is presently before me on the plaintiff's ("State") Motion For Summary Judgment. This action was filed almost 12 years ago by the State which seeks to assert its claimed title to approximately 13 acres of ocean front property lying just north of the Delaware-Maryland line in Sussex County. The State contends that it has been vested with title to the land, as the sovereign, since declaring its independence from Great Britain in...

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