Moskowitz v. Mayor & Council of Wilmington

HERRMANN, Chief Justice:

In this action to recover interest from the City of Wilmington on a refund of excess property taxes paid, the plaintiff appeals from the Superior Court’s denial of his motion for summary judgment.

I

In 1960 and 1961, the plaintiff, after remitting property taxes upon property for which he is the trustee, challenged in an appeal to Superior Court the assessment on the property, which is located in the City of Wilmington. For reasons not in the record, a decision was not rendered by the Superior Court until 1974. 1 In its decision, the Superior Court determined that the…