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PUBLIC WATER SUPPLY CO. v. DiPASQUALE

No. 543, 1998.

735 A.2d 378 (1999)

PUBLIC WATER SUPPLY COMPANY, Appellant Below, Appellant, v. Nicholas A. DiPASQUALE, Secretary of the Department of Natural Resources and Environmental Control, and Delaware Department of Natural Resources and Environmental Control and Delaware Environmental Appeals Board and Tunnell Companies, L.P., Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: August 12, 1999.

Attorney(s) appearing for the Case

F. Michael Parkowski and Jeremy W. Homer, (argued), Parkowski, Noble & Guerke, P.A., Dover, Delaware, for appellant.

David L. Ormond, Jr., Deputy Attorney General, DNREC Legal Office, Dover, Delaware, for appellees Secretary of the Delaware Department of Natural Resources and Environmental Control and Delaware Department of Natural Resources and Environmental Control.

Marc P. Niedzielski, Deputy Attorney General, State of Delaware, Department of Justice, Wilmington, Delaware, for appellee Environmental Appeals Board.

John A. Sergovic, Jr., (argued) and Julie G. Bucklin, Sergovic, Ellis & Shirey, P.A., Georgetown, Delaware, for appellee Tunnell Companies, L.P.

Before VEASEY, Chief Justice, WALSH, HOLLAND, and BERGER, Justices, and LAMB, Vice Chancellor, constituting the Court En Banc.

WALSH, Justice.

In this appeal from the Superior Court, we examine the authority of the Secretary of the Delaware Department of Natural Resources and Environmental Control to issue potable water permits to a mobile home park developer over the protest of a public water utility claiming authority to serve the disputed territory. The Superior Court rejected the utility's claim that the trailer park's proposed water distribution scheme infringed upon the utility's certificate...

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