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PUBLIC WATER SUPPLY CO., INC. v. DIPASQUALE

C.A. No. 01A-03-002.

802 A.2d 929 (2002)

PUBLIC WATER SUPPLY COMPANY, INC. v. DiPASQUALE, et al.

Superior Court of Delaware, Sussex County.

Decided; January 15, 2002.

Attorney(s) appearing for the Case

Jeremy W. Homer, Esquire, Parkowski & Guerke, P.A., Dover, for appellant.

John A. Sergovic, Esquire, Sergovic, Ellis & Shirey, P.A., Georgetown, for appellee, Tunnell Companies, L.P.

GRAVES, J.

This case comes before the Court on appeal from the Final Order and Decision Upon Remand issued by the Environmental Appeals Board ("EAB") on February 9, 2001. In that decision, the EAB concluded that Appellee Tunnell Companies ("Tunnell") was not operating as a "water utility" at the Baywood Greens development ("Baywood") and upheld the order filed by the Secretary of the Department of Natural Resources and Environmental...

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