City of Wilmington v. Lord

McNEILLY, Justice.

Defendant, City of Wilmington, appeals from the granting of a permanent injunction by the Court of Chancery prohibiting the City from building a water tank on land conveyed to the City for use as a public park. The appeal represents the culmination of a continuing battle between plaintiffs, suing in their capacity as citizens and taxpayers, attempting to stop what they consider to be a misuse of public property, and the City of Wilmington attempting to construct what it sees as a conforming use on park land. There being no dispute as to the material facts the Court below…