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NEW CASTLE COUNTY v. HISTORICAL SOC.

580 A.2d 578 (1990)

NEW CASTLE COUNTY, a political subdivision of the State of Delaware, and Department of Finance of New Castle County, Appellants Below, Appellants, v. The HISTORICAL SOCIETY OF DELAWARE, a nonprofit corporation organized under the laws of the State of Delaware; Board of Assessment Review of New Castle County; and Richard M. Lagergren, Mary D. Croze, Oliver F. Fonville, Harry A. Reynolds, and George B. Schreppler, Jr., Individually as Members of the Board of Assessment Review of New Castle County, Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: September 21, 1990.

Attorney(s) appearing for the Case

Dennis J. Siebold, Finance Legal Officer, New Castle Dept. of Finance, Wilmington, for appellants.

Daniel F. Wolcott, Jr., and Michael B. Tumas, Potter Anderson & Corroon, Wilmington, for appellees.

Before HOLLAND, J.; BERGER and JACOBS, Vice Chancellors (sitting by designation pursuant to Del. Const. Art. IV § 12).

JACOBS, Vice Chancellor:

9 Del.C. § 8104(a) exempts from assessment and taxation by any county or political subdivision of the State, real property that is owned and used by certain specified organizations and is not "held by way of investment." One of those listed organizations is The Historical Society of Delaware (the "Society"). The Society owns and operates a complex of buildings in downtown Wilmington, Delaware...

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