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DALE v. TOWN OF ELSMERE

No. 115, 1997.

702 A.2d 1219 (1997)

Joseph B. DALE and Mary J. Dale, husband and wife, Plaintiffs Below, Appellants, v. TOWN OF ELSMERE, Charles M. Cavanaugh, John Jaremchuck, Jr., Hugh D. Hamill, Edward Dickerson, Phyllis B. Wingate, Lawerence Sontowski and Thomas S. Novak, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 21, 1997.

Attorney(s) appearing for the Case

Francis J. Trzuskowski and Francis J. Schanne (argued), Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, for Appellants.

Edward M. McNally (argued) and Richard D. Kirk, Morris, James, Hitchens & Williams, Wilmington, for Appellees.

Before WALSH, HARTNETT and BERGER, JJ.

WALSH, Justice:

In this appeal, appellants plaintiffs-below, residents of the Town of Elsmere (the "Town"), seek reversal of the Superior Court's grant of summary judgment in favor of the Town Council, the Mayor, and the Town (collectively, the "Town Defendants") on claims of creation of a nuisance and violation of substantive due process rights under 42 U.S.C. § 1983. On appeal, the appellants claim: (i) the Municipal...

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