Piekarski v. Smith

Southerland, Chief Justice:

Plaintiffs are citizens and taxpayers residing in the City of Wilmington. They seek to enjoin the State *405Highway Department from proceeding with the construction of a controlled-access facility through the City. The facility will be a Federal Aid Interstate Highway. The case was heard by the Vice Chancellor on pleadings and affidavits. He rejected all of the plaintiffs’ contentions and granted the Department’s motion for summary judgment. Plaintiffs appeal.

The pertinent facts are these:

On February 13, 1957, the Department approved a certain route through the City for…