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CITY OF WILMINGTON v. WILMINGTON FRATERNAL ORDER OF POLICE LODGE NO.1, INC.

C.A. No. 2019-0506-KSJM.

THE CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Plaintiff, v. WILMINGTON FRATERNAL ORDER OF POLICE LODGE NO.1, INC., Defendant.

Court of Chancery of Delaware.

Decided: January 22, 2021.

Attorney(s) appearing for the Case

Aaron C. Baker , Robert M. Goff, Jr. , Edward J. Kosmowski , CITY OF WILMINGTON LAW DEPARTMENT, Wilmington, Delaware; Counsel for Plaintiff The City of Wilmington.

Jeffrey M. Weiner , JEFFREY M. WEINER, ESQUIRE, Wilmington, Delaware; Counsel for Defendant Wilmington Fraternal Order of Police Lodge No. 1, Inc.

MEMORANDUM OPINION

The Charter of the City of Wilmington (the "City") requires that officers of the Wilmington Police Department reside in the City for the first five years of their employment. The Delaware General Assembly did not expressly define "residence" when enacting the City Charter. This litigation requires the...

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