-4- The State Court Action On August 3, 1987, F. Michael Parkowski, special counsel and attorney for the State of Delaware, initiated a proceeding against petitioner in the Delaware Chancery Court for Sussex County (the State court action) seeking to quiet title to the disputed land, as well as other relief. The State of Delaware argued that the disputed land (including the 1988 gift land) had been abandoned by any record title owner or heirs dating back to at least 1914 and had then been acquired by the State through adverse possession long before petitioner began taking action to establish a claim. Moreover, State surveys conducted in 1914, 1926, 1929, 1955, and 1977 consistently showed the disputed land as part of the Delaware Seashore State Park. Maps also showed the disputed land as part of State park lands. On October 6, 1987, petitioners responded to the State's complaint by an answer and counterclaim. Petitioners argued that they had legal title to the property based on the 1982 quitclaim deed as well as through adverse possession. In essence, the State considered petitioners' claim of title frivolous. Petitioners' Appraisal In November 1988, appraiser Laurence P. Moynihan valued the disputed land for petitioners "in order to facilitate a possible donation of the property" to the State of Delaware. Mr. Moynihan valued an unencumbered fee simple interest in the disputed land at $30,130,000, including $5,810,000 for the 1988 gift land.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011