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STATE EX REL. DOT v. CITY OF MILFORD

Civ. A. No. 1008-K.

576 A.2d 618 (1989)

The STATE of Delaware, upon the relation of the DEPARTMENT of TRANSPORTATION, and George W. Williams, Utley W. Roberts and Wilma W. Roberts, individuals, Plaintiffs, v. CITY OF MILFORD, Municipal corporation of the State of Delaware, Joseph R. Rogers, as Mayor of the City of Milford, and John F. Frederick, as City Manager of the City of Milford, Defendant.

Court of Chancery of Delaware, Kent County.

Decided: August 7, 1989.

Attorney(s) appearing for the Case

Frederick H. Schranck, Deputy Atty. Gen., for State, plaintiff, upon the relation to Dept. of Transp.

William J. Walls, Jr., Hindman & Walls, Dover, for individual plaintiffs.

James A. Fuqua, Jr., Fuqua and Graves, Georgetown, for defendants.

OPINION

JACOBS, Vice Chancellor.

At issue on the pending cross motions for summary judgment is the validity of an annexation of land by the City of Milford ("the City"). The plaintiffs are the State of Delaware, which brings this action on behalf of its Department of Transportation, and certain individuals whose property is the subject of the challenged annexation.

On July 21, 1988, the plaintiffs filed a verified complaint seeking a declaratory...

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