Legal Opinion

Gray ex rel. Thomas v. Baynard

Court of Chancery of Delaware

Decided September 15, 1883PublishedCited by 5 opinions

Information to enjoin the .erection of a building so as to project over a city street.—The information is in the name of the Attorney-General, on the relation of Charles F. Thomas et al., residents of the City of Wilmington, on behalf of themselves and the rest of the inhabitants of said city, setting forth that the respondent, Baynard, is engaged in-erecting on his lot on the southwest corner of Fifth and Market Streets in said city, a large brick building fronting on both…

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Information to enjoin the .erection of a building so as to project over a city street.—The information is in the name of the Attorney-General, on the relation of Charles F. Thomas et al., residents of the City of Wilmington, on behalf of themselves and the rest of the inhabitants of said city, setting forth that the respondent, Baynard, is engaged in-erecting on his lot on the southwest corner of Fifth and Market Streets in said city, a large brick building fronting on both of said streets; that said streets are ancient highways of said city, and much used for business and other purposes;…

1Opinion of the Court

The Chancellor.

This is a proceeding instituted by the Attorney-General, .on behalf of the People of this State resid*502ing in the Oity of Wilmington. It is to be regarded, and is in fact, a complaint by or on behalf of the public, that the respondent is engaged in erecting a building which will constitute a public nuisance. It is urged on behalf of the respondent that his projecting bulk or bay windows were authorized by a special ordinance of the City Council of Wilmington, and that therefore they cannot be unlawful. While it is true that the Legislature has conferred upon the city council very…

2Cases cited1 opinion

  1. City of Philadelphia's AppealSupreme Court of Pennsylvania · 1875

3Cited by5 opinions

  1. Town of Seaford v. Eastern Shore Public Service Co.Court of Chancery of Delaware · 1937
  2. Wolcott v. DoremusCourt of Chancery of Delaware · 1917
  3. Miller v. Town of SeafordCourt of Chancery of Delaware · 1937
  4. Finch v. Barr & Dougherty, Inc.Court of Chancery of Delaware · 1926
  5. Wolcott v. DoremusCourt of Chancery of Delaware · 1915

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