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SCHADT v. LATCHFORD

No. 232, 2002.

843 A.2d 689 (2004)

Frank L. SCHDAT, III and Margaret Schadt, Defendants Below, Appellants, v. Jane E. LATCHFORD, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 6, 2004.

Reargument Denied March 2, 2004.

Attorney(s) appearing for the Case

Robert K. Pearce (argued), Ferry, Joseph & Pearce, P.A., Wilmington; William L. Doerler, White, & Williams, Wilmington, for appellants.

Eric L. Grayson, Robinson & Grayson, Wilmington; Stephen F. Dryden (argued), Berkowitz, Schagrin, Cooper & Dryden, Wilmington, for appellee.

Rosamaria Tassone (argued), Assistant City Solicitor, City of Wilmington Law Department, Wilmington, for City of Wilmington.

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

STEELE, Justice:

The City of Wilmington enacted an ordinance that imposed upon private landowners holding property adjacent to the City's public sidewalks a duty to repair and maintain abutting public sidewalks. The ordinance imposes sole responsibility for damages for a breach of that duty upon the private landowner. Plaintiff/Appellee successfully contended below that Defendants/Appellants property owners negligently breached their duty to keep the City owned sidewalks...

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