Legal Opinion
United States v. 1010.8 Acres in Sussex County
District Court, D. Delaware
Decided September 5, 1945No. 2PublishedCited by 2 opinions
1Opinion of the Court
LEAHY, District Judge.
The United States of America took title to a plot of land by filing a declaration of taking pursuant to 40 U.S.C.A. § 258. It has heretofore been determined that the State of Delaware was the owner in fee, subject to various leasehold interests. See United States v. 1010.8 Acres, etc. 56 F. Supp. 120.
The government filed a motion to dismiss Black and Draper, Sussex Sand Company and Cape Henlopen Surf Club as parties respondent because (1) the court is deprived of jurisdiction since the State of Delaware cannot be sued under the Eleventh Amendment and the claims of the…
2Cases cited4 opinions
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1901
- In Re Improvement of Third Steeet, St. Paul. Buckbee-Mears Co.Supreme Court of Minnesota · 1929
- United States v. 1,010.8 ACRES, ETC.District Court, D. Delaware · 1944
- Trustees of Internal Improvement Fund v. Southwest Tampa Storm Sewer Drainage Dist.Court of Appeals for the Fifth Circuit · 1944
3Cited by2 opinions
- Burkhart v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Burkhart v. United StatesCourt of Appeals for the Ninth Circuit · 1955