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SMITH v. SUSSEX COUNTY COUNCIL

Civ. A. No. 1518.

632 A.2d 1387 (1993)

C.E. Rupert SMITH III and Nancy E. Smith, Plaintiffs, v. SUSSEX COUNTY COUNCIL and Ralph E. Benson, George S. Cole, George J. Collins, Dale R. Dukes and William D. Stevenson, Sr., As Members of Said Council, Defendants.

Court of Chancery of Delaware, Sussex County.

Decided: July 13, 1993.

Attorney(s) appearing for the Case

James A. Fuqua, Jr., of Fuqua, Yori & Rogers, Georgetown, for plaintiffs.

Dennis L. Schrader, of Wilson, Halbrook & Bayard, P.A., Georgetown, for defendants.

OPINION

ALLEN, Chancellor.

Defendants' motion for summary judgment poses the question whether an ordinance of the Sussex County Council was duly adopted. The motion to adopt the ordinance received the affirmative votes of only two of the five members of Council, but received only one negative vote. The remaining two members of Council expressly abstained from the vote, although it is alleged that they participated...

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