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HAYWARD v. GASTON

542 A.2d 760 (1988)

Charles E. HAYWARD, Secretary of the Department of Services for Children, Youth and Their Families, Defendant Below, Appellant, v. Robert and Jackie GASTON, Ronald and Connie Gearhart, James Faulkner, Harvey and Stephanie Reed, Seldon and Gladys Greene, David and Gail Lewis, Thomas and Rosemary Reynolds, Thomas Reynolds, Jr., Russell Greene, Margaret McGorman, Fred and Veronica Hensing, and William S. and Ruth Lewis, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: May 27, 1988.

Attorney(s) appearing for the Case

Richmond L. Williams, Deputy Atty. Gen., Dept. of Justice, Wilmington, for appellant.

N. Maxson Terry, Jr., Terry, Jackson, Terry & Wright, Dover, for appellees.

Brian J. Hartman, Disabilities Law Program, Community Legal Aid Society, Inc., Wilmington, for amici curiae, Delaware Developmental Disabilities Planning Council, Handicap Advocacy Network of Delaware, Inc., and New Castle County Alliance for the Mentally Ill.

Before CHRISTIE, C.J., and HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court

WALSH, Justice:

This is an appeal by Charles Hayward, Secretary of the State Department of Services for Children, Youth and Their Families ("Department"), from a decision of the Court of Chancery enjoining the Department from operating a residential treatment center ("RTC") for emotionally disturbed juveniles in an area known as Brenford in Kent County, Delaware. The injunction was granted at the request of certain Brenford...

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