Legal Opinion

New Castle County Council v. State

Supreme Court of Delaware

Decided January 24, 1997No. 463, 1996PublishedCited by 4 opinions

1Opinion of the Court

WALSH, Justice.

In this appeal from the Superior Court, we address the extent to which the State of Delaware is empowered legislatively to modify the terms of office for elected members of the New Castle County Council (the “Council”), including its President. Following the enactment of recent legislation, the Council and certain of its members brought a declaratory action which sought a determination of the State’s authority to alter the composition of the Council. The Superior Court, through a grant of summary judgment, ruled that the statutory authorization for the establishment of the New…

2Cases cited10 opinions

  1. Collison v. StateSupreme Court of Delaware · 1938
  2. State v. SchorrSupreme Court of Delaware · 1957
  3. Wilmington Medical Center, Inc. v. BradfordSupreme Court of Delaware · 1978
  4. Perkins v. PhiladelphiaSupreme Court of Pennsylvania · 1893
  5. State ex rel. Green v. CollisonSuperior Court of Delaware · 1938

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3Cited by4 opinions

  1. Helman v. StateSupreme Court of Delaware · 2001
  2. Riel v. Harleysville Worcester InsuranceSupreme Court of Rhode Island · 2012
  3. Allstate Insurance v. Rossi Auto Body, Inc.Superior Court of Delaware · 2000
  4. Mary Doe v. Robert M. CoupeCourt of Chancery of Delaware · 2016

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