City of Wilmington ex rel. Water Department v. Lord

OPINION

O’HARA, Judge.

This Court has previously granted defendants’ motion to dismiss in this condemnation action brought by the City of Wilmington by and through the Water Department, to acquire a site on the Greenhill Golf Course. Plaintiff will be referred to as the “City”. The City has moved for reargument relying upon the reasons discussed below.

The City argues that the Court erred in applying the doctrine of prior public use, as set forth in 1 Nichols on Eminent Domain, § 2.2. (“If .... a municipality seeks to exercise the power with respect to property already devoted to a public use,…