Delmarva Power & Light Co. v. City of Seaford

MARTIN, Judge.

This is the Court’s decision on defendant City of Seaford’s (“Seaford”) motion to dismiss this action in inverse condemnation.

The pertinent facts are as follows. On or about December 6, 1985, Seaford supplanted plaintiff Delmarva Power & Light Company (“Delmarva”) as the supplier of electricity to the Seaford Wesleyan Church and Parsonage located in Sussex County, Delaware. On January 10,1986, Delmarva filed this action claiming that Seaford had appropriated its franchise right, which had been granted by the State in order to afford Delmarva exclusive power to supply…