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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.
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Last modified: May 25, 2011