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NEW CASTLE COUNTY COUNCIL v. STATE

No. 463, 1996.

688 A.2d 888 (1996)

NEW CASTLE COUNTY COUNCIL, the elected governing body for New Castle County, Theodore W. Ryan, a member of County Council, Richard C. Cecil, a member of County Council, J. Robert Woods, a member of County Council, and Penrose Hollins, a member of County Council, Plaintiffs Below, Appellants, v. STATE of Delaware, Robert S. Weiner, Stephanie L. Hansen, Richard L. Abbott, and Brian J. Lintz, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 8, 1996.

Opinion: January 24, 1997.

Attorney(s) appearing for the Case

Collins J. Seitz, Jr. (argued), and Charles J. Durante, Connolly, Bove, Lodge & Hutz, Wilmington, for Appellants.

Malcolm S. Cobin, Assistant State Solicitor (argued), and C. Drue Chichi, Deputy Attorney General, Department of Justice, Wilmington, for Appellee, State of Delaware.

Before WALSH, HOLLAND, and BERGER, JJ.

WALSH, Justice.

In this appeal from the Superior Court, we address the extent to which the State of Delaware is empowered legislatively to modify the terms of office for elected members of the New Castle County Council (the "Council"), including its President. Following the enactment of recent legislation, the Council and certain of its members brought a declaratory action which sought a determination of the State's authority...

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