OCEAN HARBOR ASSOC. v. DIRECTOR OF REV.


565 A.2d 893 (1989)

OCEAN HARBOR ASSOCIATES, Appellee Below, Appellant, v. DIRECTOR OF REVENUE, Appellant Below, Appellee.

Supreme Court of Delaware.

Decided: September 29, 1989.

Rehearing Denied October 23, 1989.


Attorney(s) appearing for the Case

John A. Sergovic, Jr. and Sarah Richardson, John A. Sergovic, Jr., P.A., Georgetown, for appellant.

Joseph Patrick Hurley, Jr., Deputy Atty. Gen., Dept. of Justice, Wilmington, for appellee.

Before HORSEY, MOORE and WALSH, JJ.


WALSH, Justice:

The appellant, Ocean Harbor Associates ("OHA"), a partnership, appeals from an order of the Superior Court, which reversed a determination by the Tax Appeal Board ("Board"), holding that a transfer of five lots of land to OHA was exempt from the Realty Transfer Tax. We conclude that the conveyance was an exempt transaction and, accordingly, reverse the decision of the Superior Court.

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