Myers v. Fortunato

Pennewill, C. J.,

delivering the opinion of the Court:

In December, 1918, the appellee having received from the building inspector for the city of Wilmington a permit to erect seven public garages on a lot at the northeast corner of Third and Rodney Streets, a residential section of the city, began building the same without having obtained the written consent of the owners of properties within forty feet of said garages. A bill of complaint was presented to the Chancellor asking that an injunction be issued enjoining the erection of said garages, and after a demurrer thereto had been argued and…