Britt v. City of Wilmington

The record before us generates some doubt as to whether this action is a bona fide adversary proceeding. While plaintiff alleges that the parking facilities the defendant proposes to furnish motorists are not “for a proper public purpose or for the general welfare and benefit of the City and its inhabitants, but are for the private benefit of the users of such facilities,” he stipulates in part that traffic congestion on the streets of Wilmington has reached the point that it creates a public nuisance and “this traffic congestion is not capable of being adequately abated except by provision…