Joseph KERNS, Kathleen Kerns, William M. Torney, Lois A. Torney, Maureen Moyer, John D. Coffman and Martha C. Coffman, individually and as representative plaintiffs on behalf of the certified class, Defendants Below, Appellants,
v.
Dale DUKES, individually and as Sussex County Government President and Council President, and George J. Collins, individually and as Sussex County Council Member, and William D. Stevenson, individually and as Sussex County Council Member, and George B. Cole, individually and as Sussex County Council Member, and Ralph E. Benson, individually and as Sussex County Member, and Robert L. Stickels, individually and as Sussex County Administrator, and Robert W. Wood, individually and as Sussex County Engineer, and Christophe A. Tulou, individually and as Delaware Department of Natural Resources and Environmental Control Secretary, and Gerald L. Esposito, individually as a Director of Delaware Department of Natural resources and Environmental Control, and Edwin H. Clark, individually and as then Secretary of Delaware Department of Natural Resources and Environmental Control, Plaintiffs Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: January 20, 1998.
Decided: March 27, 1998.
Attorney(s) appearing for the Case
Francis J. Trzuskowski, James F. Kipp, Francis J. Schanne (argued), and F.L. Peter Stone, Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, for Appellants.
Dennis L. Schrader (argued) and Veronica O. Faust, Wilson, Halbrook & Bayard, Georgetown and Carl Schnee, and Patricia A. Pyles McGonigle, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Appellees Dale R. Dukes, George J. Collins, William D. Stevenson, Sr., George B. Cole, Ralph E. Benson, Robert L. Stickels, and Robert W. Wood.
Keith A. Trostle, Deputy Attorney General, Department of Justice, Wilmington, for Appellees Department of Natural Resources and Environmental Control and Secretary Christophe A. Tulou.
Kevin P. Maloney, Deputy Attorney General, Department of Justice, Wilmington, for Appellees Department of Natural Resources and Environmental Control and Director Gerald P. Esposito.
David L. Ormond, Jr., Deputy Attorney General, Department of Justice, Wilmington, for Appellees Delaware Department of Natural Resources and Environmental Control and Secretary Edwin H. Clark.
Before VEASEY, C.J., WALSH and BERGER, JJ.
Supreme Court of Delaware.
WALSH, Justice:
This matter originated through the filing of a civil action in the United States District Court for the District of Delaware. Plaintiffs in that action are Sussex County, Delaware, property owners (the "Property Owners"), who challenged the decision to create a new sewer district, in which they are included, and the actions taken to implement that decision by defendants, the members and officials of the Sussex...
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