Gallen v. New Castle County, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE W. FRANCIS GALLEN and STEPHANIE A. GALLEN, ) ) No. 311, 2003 ) Defendants Below, ) Court Below: Superior Court Appellants, ) of the State of Delaware in ) and for New Castle County v. ) ) C.A. No. 02T-04-015 NEW CASTLE COUNTY, ) ) Plaintiff Below, ) Appellee. ) ) and SMP CAPITAL TRUST ) ) Intervenor Below, ) Appellee. ) ) ) Submitted: November 4, 2003 Decided: November 12, 2003 Before VEASEY, Chief Justice, BERGER, and STEELE, Justices. ORDER This 12th day of November, 2003, upon consideration of the briefs of the parties, and given our standard of review it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its Opinion dated May 27, 2003. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Justice

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