Paul Scotton Con. Co., Inc. v. Mayor & Coun. of Dover

MARVEL, Vice Chancellor:

This action is allegedly brought by plaintiffs on behalf of all other property owners similarly situated, however, no attempt has been made to comply with the provisions of Rule 23 concerning the bringing of such form of action, and there has been no determination of a class. Plaintiffs’ complaint seeks to have declared invalid special assessments for sewer and water main construction imposed on plaintiffs’ real estate by defendants, which assessments under the terms of the charter of the City of Dover and statutes of the State of Delaware purportedly constitute liens…