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NEW CASTLE COUNTY v. UNIVERSITY OF DELAWARE

No. 96, 2003.

842 A.2d 1201 (2004)

NEW CASTLE COUNTY DEPARTMENT OF LAND USE and New Castle County Board of Assessment Review, Appellees Below, Appellants. v. UNIVERSITY OF DELAWARE, Appellants Below, Appellee.

Supreme Court of Delaware.

Decided: February 2, 2004.

Reargument Denied March 11, 2004.

Attorney(s) appearing for the Case

Michael P. Kelly, A. Richard Winchester, and Katharine L. Mayer, Esquires, of McCarter & English, LLP, Wilmington, Delaware; Mary Ann Kelly, Assistant County Attorney, New Castle, Delaware, for Appellees Below, Appellants.

William E. Manning, Richard A. Forsten, and James D. Taylor, Jr., Esquires, of Klett Rooney Lieber & Schorling, Wilmington, Delaware, for Appellants Below, Appellee.

Before VEASEY, Chief Justice, BERGER, STEELE and JACOBS, Justices, and HARTNETT, Justice (Retired), constituting the Court en Banc.

JACOBS, Justice.

The New Castle County Board of Assessment Review (the "Board") and the New Castle County Department of Land Use (collectively, the "County") appeal from an order of the Superior Court reversing a decision by the Board upholding a property tax assessment on approximately 725 square feet of space located in the Trabant Student Center at the University of Delaware. For several years the University has leased...

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