Henlopen Acres v. Potter

127 A.2d 476 (1956)

HENLOPEN ACRES, Inc., a corporation of the State of Delaware, Plaintiff,

v.

Sheldon F. POTTER, Defendant.

Court of Chancery of Delaware, Sussex.

December 13, 1956.

James M. Tunnell, Jr. (of Tunnell & Tunnell), Georgetown, for plaintiff.

Houston Wilson, Georgetown, for defendant.

SEITZ, Chancellor.

This is an action by a maintenance corporation to enforce by foreclosure a so-called lien for annual maintenance charges as provided by deed. The basic issue presented is the legality of an increase in the so-called maintenance assessments on the lot holders.

Plaintiff corporation…