MAYOR & COUNCIL v. ROLLINS OUTDOOR ADVERTISING


475 A.2d 355 (1984)

The MAYOR AND COUNCIL OF NEW CASTLE, a municipal corporation of the State of Delaware, Plaintiff Below, Appellant, v. ROLLINS OUTDOOR ADVERTISING, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 2, 1984.


Attorney(s) appearing for the Case

Daniel F. Wolcott, Jr. (argued) and W. Laird Stabler, III, of Potter, Anderson & Corroon, Wilmington, for appellant.

Harvey B. Rubenstein (argued), Wilmington, and Michael A. Poppiti, Wilmington, for appellee.

Robert D. Goldberg, City Sol., Julianne E. Hammond, Asst. City Sol., for the City of Wilmington, and Thomas G. Hughes, City Sol., for the City of Newark, amici curiae.

Before HERRMANN, C.J., and McNEILLY, HORSEY, MOORE and CHRISTIE, JJ., constituting the Court en banc.


CHRISTIE, Justice:

The Mayor and Council of New Castle (New Castle), appellant, appeals from a decision and order of the Court of Chancery which granted the motion of Rollins Outdoor Advertising, Inc. (Rollins) to dismiss New Castle's claim against Rollins on the basis that the complaint failed to state a claim upon which relief could be granted. In its order, the Court of Chancery held that 22 Del.C. § 301

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