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SCUREMAN v. JUDGE

C.A. No. 1486-S.

747 A.2d 62 (1999)

Murray S. SCUREMAN, et al. Plaintiffs, v. Richard B. JUDGE and Ingabritta Judge, Defendants/Third Party Plaintiffs, Russell T. Aaronson, Jr., et al., Third-Party Defendants, Town of Dewey Beach, Intervenor.

Court of Chancery of Delaware, Sussex County.

Decided: October 5, 1999.

Attorney(s) appearing for the Case

William E. Manning and Richard A. Forsten, of Duane, Morris & Heckscher LLP, Wilmington, Delaware, for Plaintiffs Victor and Sue Ann Houlon, Peter and Rochelle Berman, Leslie M. Berger, Judith Mandell Elson, Richard Mandell and James L. Goodwill, III.

Robert V. Witsil, Jr., Georgetown, Delaware, for Intervenor Town of Dewey Beach.

OPINION

JACOBS, Vice Chancellor.

Because the Court has previously granted limited relief from a final judgment under Court of Chancery Rule 60(b), the issue again presented is whether the southern portion of Lake Drive — a publicly dedicated right-of-way located in Rehoboth Beach, Sussex County, Delaware — is currently located above ground or under water. For the reasons that follow, the Court concludes, contrary to its original determination...

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