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ARTESIAN WATER CO. v. TULOU

C.A. No. 97A-01-022-HLA.

722 A.2d 825 (1998)

ARTESIAN WATER COMPANY, Appellant, v. Christopher TULOU Secretary, Delaware Department of Natural Resources and Environmental Control, Appellee.

Superior Court of Delaware, New Castle County.

Decided: February 19, 1998.

Attorney(s) appearing for the Case

Mary B. Graham, and Lisa B. Baeurle, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Artesian Water Company.

Kevin P. Maloney, Deputy Attorney General, Department of Justice, Wilmington, DE, for Department of Natural Resources and Environmental Control.

William D. Bailey, and John H. Newcomer, Jr., Bayard, Handleman & Murdoch, P.A., Wilmington, DE, for United Water Delaware, Inc., Intervenor.

MEMORANDUM OPINION

ALFORD, J.

I. INTRODUCTION

This is the Court's decision in an appeal from an Order entered by the Department of Natural Resources and Environmental Control ("DNREC") through its Secretary, Christopher Tulou, on August 22, 1996, which denied Artesian Water Company's ("Artesian") petition to obtain a Certificate for Public Convenience and Necessity ("CPCN"). Artesian sought the CPCN so that it could provide water utility service...

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