Nolan v. Hershey

This appeal involves an action whereby the plaintiff, Lester S. Nolan, seeks to enjoin the defendant, Harry A. Hershey, from interfering with the right asserted by the plaintiff to treat New York Avenue in Wilmington as a public street. From the Chancery Court’s grant of summary judgment in favor of the defendant, the plaintiff appeals.

Here, just as in the Chancery Court, the plaintiff contends that there was a statutory dedication of the area as a public way under 19 Del.L., Ch. 205; and in the alternative, that there was a common law dedication and acceptance.

It appears that all of the…