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MERCHANTS & CITIZENS AGAINST ANNEX. v. LONGO

No. 63,1995.

669 A.2d 41 (1995)

The COMMITTEE OF MERCHANTS AND CITIZENS AGAINST the PROPOSED ANNEXATION, INC., a corporation of the State of Delaware, Petitioner Below, Appellant, v. Guy M. LONGO, Mayor, Henry E. Nutter, Edward H. Butler, Jr., Ronald MacArthur, Daniel Short, and Grace Peterson, Council Persons, in their official capacity only, as the Mayor and Council of the City of Seaford, Delaware, a municipal corporation of the State of Delaware, Respondents Below, Appellees, and Wal-Mart Stores, Inc., Intervenor Below, Appellee.

Supreme Court of Delaware.

Decided: September 29, 1995.

Attorney(s) appearing for the Case

Robert C. Wolhar, Jr., Wolhar & Gill, P.A., Georgetown, for appellant.

James A. Fuqua, Jr., Fuqua and Yori, P.A., Georgetown, for appellees Guy M. Longo, Henry E. Nutter, Edward H. Butler, Jr., Ronald MacArthur, Daniel Short and Grace Peterson.

Craig A. Karsnitz (argued), and E. Scott Bradley, Young, Conaway, Stargatt & Taylor, Georgetown, for appellee Wal-Mart Stores, Inc.

Before VEASEY, C.J., HOLLAND and BERGER, JJ.

HOLLAND, Justice:

This is an action challenging the City of Seaford's ("Seaford") annexation of twenty-seven acres of land owned by Amelia Lord (the "Lord Property"). The appellant is The Committee of Merchants and Citizens Against the Proposed Annexation, Inc. ("Merchants").1 The appellees are the Mayor and City Council members of Seaford.

Merchants initiated these proceedings in the Court...

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