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MacNAMARA v. COUNTY COUNCIL OF SUSSEX COUNTY

Civ. A. 89-625-CMW.

738 F.Supp. 134 (1990)

Lawrence MacNAMARA, et al., Plaintiffs, v. COUNTY COUNCIL OF SUSSEX COUNTY, et al., Defendants, v. DELAWARE ELECTRIC COOPERATIVE, INC., Intervenor Defendant.

United States District Court, D. Delaware.

May 25, 1990.

Attorney(s) appearing for the Case

Thomas Stephen Neuberger, Wilmington, Del., for plaintiffs.

Robert V. Witsil, Jr., Georgetown, Del., for defendants, Individual Com'n Members of Sussex County Planning & Zoning Com'n.

T. Richard Keyes, III, James F. Bailey & Associates, Wilmington, Del., for defendants, County Council of Sussex County, County Planning & Zoning Com'n of Sussex County, and the individual members in their official capacities.

John Terence Jaywork, Hudson, Jones, Jaywork, Williams & Liguori, Dover, Del., for intervenor defendant, Del. Elec. Co-op., Inc.

OPINION

CALEB M. WRIGHT, Senior District Judge.

Plaintiffs filed this § 1983 action on November 9, 1989 against the Sussex County Planning and Zoning Commission and the Sussex County Council, and the members thereof. Plaintiffs allege that the defendants' approval of a conditional use of a parcel of land located near plaintiffs' property violated plaintiffs' constitutional rights. By stipulation of counsel, the Delaware Electric Cooperative was added...

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