GATEWAY ESTATES, INC. v. NEW CASTLE COUNTY

C.A. No. N13C-07-307 MJB.

GATEWAY ESTATES, INC., Plaintiff, v. NEW CASTLE COUNTY, D&M ENTERPRISES, LLC., MICHAEL PAOLI, 3D BUILDERS INC., and ROBERT R. & ROSA GONZALES Defendants.

Superior Court of Delaware, New Castle County.

Decided: September 29, 2015.


Attorney(s) appearing for the Case

Kathleen DeLacy, Esq., Reger Rizzo & Darnall LLP, 1523 Concord Pike, Suite 200, Wilmington, Delaware 19803, Attorney for Plaintiff.

Aysha L. Gregory, Esq. , and Tanisha L. Merced, Esq. , New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720, Attorneys for Defendant New Castle County.

Robert J. Leoni, Esq. , Shelsby & Leoni, 221 Stanton Street, Wilmington, Delaware 19804, Attorneys for Defendant Michael Paoli.

Charles T. Armbruster, III, Esq. , Law Offices of Raymond E. Tomasetti, Jr., 14 W. Market Street, Newport, Delaware 19804, Attorney for Defendant 3D Builders.

Charles A. McCauley, III, Esq. Zarwin Baum DeVito Kaplan Schaer Toddy, P.C., 1500 N. French Street, 2nd Floor, Wilmington, Delaware 19801, Attorney for Defendants Robert R. and Rosa Gonzales.


OPINION

I. INTRODUCTION

This action concerns the sheriff's sale of real property located at 544 Erickson Avenue, Hockessin, Delaware 19707 (the "Property," "544 Erickson"). On August 9, 2005, 544 Erickson was sold at sheriff's sale for non-payment of property taxes. At the...

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