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PHILLIPS v. STATE, EX REL. DEPT. OF NAT. RES.

449 A.2d 250 (1982)

Emmons B. PHILLIPS and Mae T. Phillips, husband and wife, and Blaine T. Phillips and Janet Cozart Phillips, husband and wife, Defendants Below-Appellants, Cross Appellees, v. The STATE of Delaware, upon relation of the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL and the Department of Highways and Transportation, formerly The State Highway Department, Plaintiff Below-Appellee, Cross Appellant.

Supreme Court of Delaware.

Decided: August 5, 1982.

Attorney(s) appearing for the Case

Nicholas H. Rodriguez (argued) of Schmittinger & Rodriguez, Dover, for defendants below-appellants, cross appellees.

William H. Sudell, Jr. (argued) of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below-appellee, cross appellant.

Before HERRMANN, C. J., HORSEY, J., and CHRISTIE, Judge.

HERRMANN, Chief Justice:

In this appeal, the defendants, Emmons B., Mae T., Blaine T., and Janet C. Phillips, (hereinafter "the Phillips") seek reversal of Court of Chancery, 400 A.2d 299 decisions denying their claim of ownership to a 13 acre parcel of land fronting the Atlantic Ocean on Fenwick Island.

The Phillips assert that they own the disputed parcel on one or more of the following...

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