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NELSON v. RUSSO

No. 216,2003.

844 A.2d 301 (2004)

Joseph W. NELSON, Respondent Below, Appellant, v. Michele A. Rogers RUSSO, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided: March 11, 2004.

Attorney(s) appearing for the Case

David J. Weidman, of Hudson, Jones, Jaywork & Fisher, Georgetown, for Appellant.

John A. Sergovic, Jr., of Sergovic, Ellis & Shirey, P.A., Georgetown, for Appellee.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices, constituting the Court en banc.

BERGER, Justice:

In this appeal, we consider whether the Superior Court has subject matter jurisdiction to decide a dispute between neighboring condominium owners over an addition to one condominium that allegedly encroaches on the common areas. The complaint was styled an action in ejectment, but appellee's purpose in bringing the lawsuit was to have the enclosures that are obstructing the common area airspace removed. The...

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