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PELLICONE v. NEW CASTLE COUNTY

No. 329, 2013.

88 A.3d 670 (2014)

Donald L. PELLICONE, Defendant Below, Appellant, v. NEW CASTLE COUNTY, upon the relation of the County Executive, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 19, 2014.

Attorney(s) appearing for the Case

Richard L. Abbott, Esquire , Abbott Law Firm, Hockessin, Delaware, for appellant.

Gregory B. Williams, Esquire , Austen C. Endersby, Esquire , Wali W. Rushdan, II, Esquire , Fox Rothschild LLP, Wilmington, Delaware, for appellee.

Before HOLLAND, BERGER and JACOBS, Justices.

HOLLAND, Justice:

The defendant-appellant, Donald Pellicone ("Pellicone"), appeals from a Superior Court judgment confirming that New Castle County ("NCC") had certain easements on Pellicone's property. NCC sought the easements' validation to carry out a flood control project targeting Little Mill Creek in New Castle County.

Facts

In 1990, to address recurrent flooding in Little Mill Creek in Elsmere and Wilmington, the Delaware General Assembly...

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