HANBY CORNERS v. STATE FIRE PREVENTION


507 A.2d 539 (1986)

HANBY CORNERS COMMUNITY FIRE AND AMBULANCE ASSOCIATION, INC., Petitioner-Appellant, v. STATE FIRE PREVENTION COMMISSION and Claymont Fire Company, Respondents-Appellees.

Supreme Court of Delaware.

Decided: March 17, 1986.


Attorney(s) appearing for the Case

Wilmer C. Bettinger (argued) of Schmittinger & Rodriguez, P.A., Wilmington, for petitioner-appellant.

Robert W. Willard, Dept. of Justice, Wilmington, for State Fire Prevention Com'n, respondent-appellee.

James R. Leonard (argued) of Potter, Carmine & Hodas, Wilmington, for Claymont Fire Co., respondent-appellee.

Before CHRISTIE, C.J., and McNEILLY and HORSEY, JJ.


McNEILLY, Justice:

The appellant, Hanby Corners Community Fire and Ambulance Association, Inc. ("Hanby"), is a volunteer organization incorporated in Delaware. It seeks authority to establish a new volunteer fire company within the Claymont Fire District (District 31), New Castle County, having originally filed an application with the State Fire Prevention Commission ("Commission") in January 1983. Because the Commission...

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