Deakyne v. Commissioners of Lewes

OPINION

LATCHUM*, District Judge.

This case is presently before the Court on the plaintiff’s motion to strike three affirmative defenses asserted in the defendants’ amended answer. The relevant background may be summarized as follows:

The plaintiff, Ethel C. Deakyne (“Mrs. Deakyne”), is the record title owner in fee simple of a certain tract of land in the Town of Lewes, Sussex County, Delaware, generally located on the northeast side of the Lewes and Rehoboth Canal and on the north side of Market Street (“the Deakyne tract”). The Deakyne tract originally included the bed of a roadway, known as…