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NATURAL RESOURCES v. MCGINNIS AUTO

No. 139, 2019.

225 A.3d 1251 (2020)

STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Plaintiff Below, Appellant, v. MCGINNIS AUTO & MOBILE HOME SALVAGE, LLC, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 20, 2020.

Rehearing and Reargument Denied March 12, 2020.

Attorney(s) appearing for the Case

Ralph K. Durstein III, Esq. , Department of Justice, Dover, Delaware, Attorney for Plaintiff-Appellant State of Delaware Department of Natural Resources and Environmental Control.

John W. Paradee, Esq. , Daniel F. McAllister, Esq. , Stephen A. Spence, Esq. , Brian V. DeMott, Esq. , BAIRD MANDALAS BROCKSTEDT, LLC, Dover, Delaware, Attorneys for Defendant-Appellee McGinnis Auto and Mobile Home Salvage, LLC.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, Justices; and NEWELL, Chief Judge, constituting the Court en Banc.

McGinnis Auto & Mobile Home Salvage, LLC salvages discarded and dilapidated mobile homes on its property in Kent County, Delaware. According to the Department of Natural Resources and Environmental Control, a large and unsightly waste pile, possibly contaminated...

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