Mayor and Council of City of Dover v. Delmarva Enterprises, Inc.

The City of Dover seeks reversal of a writ of mandamus entered by the Superior Court ordering it to supply water and sewer services to Delmarva Enterprises, Inc. By a previous order upon a motion under our Rule 8(2), we limited argument to the question of whether or not the City discriminated against Delmarva by refusing to provide water and sewer services to Delmarva.

The pertinent facts have already been before this Court and are presented in our prior opinion, Delmarva Enterprises, Inc. v. Mayor and Council of Dover, Del.Supr., 282 A.2d 601 (1971). Subsequent to that opinion, the Superior…