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SHIELDS v. KEYSTONE COGENERATION SYSTEMS

Civ. A. No. 91A-11-11.

611 A.2d 502 (1991)

Jerry SHIELDS, Peter Meyer, Grace Pierce-Beck, Charles Zencey, Edward Yalisove and Robert Moffett, Appellants, v. KEYSTONE COGENERATION SYSTEMS, INC., and Department of Natural Resources and Environmental Control, and Coastal Zone Industrial Control Board, Appellees.

Superior Court of Delaware, New Castle County.

Decided: December 27, 1991.

Attorney(s) appearing for the Case

Robert Jacobs, of Jacobs & Crumplar, P.A., Wilmington, for appellants.

Richard E. Poole, of Potter Anderson & Corroon, Wilmington, for appellee Keystone Cogeneration Systems, Inc.

Keith A. Trostle, Deputy Atty. Gen., of Dept. of Justice for the State of Delaware, for appellee Dept. of Natural Resources and Environmental Control.

Marsha Kramarck, Deputy Atty. Gen., of Dept. of Justice for the State of Del., for appellee Coastal Zone Industrial Control Bd.

OPINION

TAYLOR, Judge.

This decision resolves certain issues raised in the captioned appeal and in a related declaratory judgment case involving the application of Keystone Cogeneration Systems, Inc. [Keystone] for issuance of a Coastal Zone permit for construction of a pier and water intake facility on land within the State of Delaware extending from the boundary of New Jersey into the Delaware River. The proposed use is in conjunction with a proposed electric...

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