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eBook details

• Title: William S. Green v. Sussex County
• Author : Sussex Superior Court of Delaware
• Release Date : January 01, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

OPINION & ORDER Upon Consideration of Cross Motions for Summary Judgment Sussex County Council created the Bethany Beach Sanitary Sewer District pursuant to 9 Del.C. Ch. 65 in 1970 for the purpose of providing sewer service to the residents of Bethany Beach; the boundaries of the district being the corporate limits of the town. In accordance with the statutory scheme, an annual assessment calculated on front footage was levied on each of the properties benefited by the sewage facilities for the purpose of retiring the debt which the county incurred in order to construct the facilities. In 1986 the boundaries of the district were expanded in accordance with the provisions found at 9 Del.C. § 6502 so as to encompass a larger area which extended from the northern boundary of Bethany Beach to the Indian River Inlet which was called the North Bethany Expansion. The legality of the expansion was challenged in a suit filed by some of the residents of the area (including the wife of one of the plaintiffs in this case) and was eventually settled by a stipulation which dismissed the action in return for an agreement by the county to limit the density of future development in the expansion area. The county then proceeded to sell bonds and constructed sewage facilities in the North Bethany Expansion area. Rather than run a direct line to the treatment plant, the new facilities constructed in the expansion area were connected for sewage transportation purposes to the existing sewage disposal facilities which had been previously constructed for the original Bethany Beach Sanitary Sewer District. Another expansion area called Sussex Shores was similarly incorporated into the Bethany Beach Sanitary Sewer District and was also provided with sewage disposal facilities and connected to the original sewage facilities.

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