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CAMPBELL v. COMMISSIONERS OF TOWN OF BETHANY BEACH

139 A.2d 493 (1958)

William R. CAMPBELL, John C. Jonkus, Jr., Homer W. Booker, Jr., John W. Gibson, Rev. Newton C. Wilbur and Virginia O. Warren, Appellants, Plaintiffs Below, v. The COMMISSIONERS OF THE TOWN OF BETHANY BEACH, a body politic and corporate of the State of Delaware, and J. Gordon Smith, Benjamin Ableman, Thurman G. Adams, J. Draper Brown, Jr., Dallas D. Culver, Samuel J. Fox, Frank R. Grier, Edward Kelly, William P. Richardson, Hugh R. Sharp, Jr., Benjamin F. Shaw, II, and Robert D. Thompson, being and constituting the members of The State Highway Department of the State of Delaware, Appellees, Defendants Below.

Supreme Court of Delaware.

March 17, 1958.

Attorney(s) appearing for the Case

Robert B. Walls, Jr., Wilmington, for appellants.

Jackson W. Raysor, Georgetown, for appellees.

SOUTHERLAND, C. J., WOLCOTT, Justice, and STOREY, Judge, sitting.

WOLCOTT, Justice.

This is an appeal from the denial after final hearing by the Court of Chancery of Sussex County of an injunction to prevent the Commissioners of the Town of Bethany Beach and the members of the State Highway Department from constructing a new state highway through Bethany Beach.

The proposed highway through Bethany Beach is a part of State Route 14 extending southward from Dewey Beach to the Maryland State Line, and ultimately to Ocean City...

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