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KERNS v. DUKES

Civil Action No. 96-113 MMS.

944 F.Supp. 1214 (1996)

Joseph KERNS and Kathleen Kerns, William M. Torney and Lois A. Torney, Maureen Moyer, and John D. Coffman and Martha Coffman, on behalf of themselves and other similarly situated property owners, 9 Del.C. § 6519 persons and other persons being assessed, Plaintiffs, v. Dale R. DUKES, individually and as Sussex County Government President and Council President, George J. Collins, William D. Stevenson, Sr., George B. Cole and Ralph E. Benson, individually and as Sussex County Council Members, Robert L. Stickels, individually and as Sussex County Administrator, Robert T. Wood, individually and as Sussex County Engineer, Christopher A.G. Tulou, individually and as Delaware Department of Natural Resources and Environmental Control Secretary, Gerald L. Eposito, individually and as a Director of Delaware Department of Natural Resources and Environmental Control, and Edwin H. Clark, II, individually and as then Secretary of Delaware Department of Natural Resources and Environmental Control, Defendants.

United States District Court, D. Delaware.

November 8, 1996.

Attorney(s) appearing for the Case

Francis J. Trzuskowski, James F. Kipp, and Francis J. Schanne, of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, DE, for plaintiffs.

Carl Schnee, and Patricia A. Pyles, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, DE, Dennis L. Schrader, and Veronica O. Faust, of Wilson, Halbrook & Bayard, Georgetown, DE, for defendants Dale R. Dukes, George J. Collins, William D. Stevenson, Sr., George B. Cole, Ralph E. Benson, Robert L. Stickels and Robert W. Wood.

Kevin P. Maloney, Keith A. Trostle, and David L. Ormond, State of Delaware, Department of Justice, Dover, DE, for State defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiffs in this putative class action have filed a complaint against various Sussex County officials (the "County defendants") as well as members of the Delaware Department of Natural Resources and Environmental Control (the "DNREC defendants" or "State defendants") in connection with the creation of the West Rehoboth Expansion of the Dewey Beach Sanitary Sewer District...

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