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EFiled: Sep 20 2006 11:02AM EDT Transaction ID 12409971
COURT OF CHANCERY
OF THE

STATE OF DELAWARE DONALD F. PARSONS, JR.
VICE CHANCELLOR New Castle County CourtHouse 500 N. King Street, Suite 11400 Wilmington, Delaware 19801-3734

Submitted: May 23, 2006 Decided: September 20, 2006 Mr. Javier Quereguan 320 Maple Avenue Wilmington, DE 19804 Eric L. Episcopo, Esquire New Castle County Law Department 87 Reads Way New Castle, DE 19720-1648

Laura L. Gerard, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801 Re: Javier Quereguan v. New Castle County, et al. Civil Action No. 20298-N

Dear Counsel: Pending before the Court is Plaintiff Javier Quereguan's Motion to Join Aurea E. Quereguan and Joanne Quereguan as parties to this action. For the reasons stated below, the Court grants Quereguan's motion. I. FACTUAL BACKGROUND1

Plaintiff pro se, Javier Quereguan ("Quereguan"), is a resident of New Castle County and the owner of property located at 320 Maple Avenue in Wilmington,
1

Unless otherwise noted, all facts are drawn from the Complaint or are undisputed as indicated in the briefing or argument on Quereguan's motion to amend, held on July 28, 2005. See Quereguan v. New Castle County, No. 20298-NC, 2006 WL 2522214 (Del. Ch. Aug. 18, 2006) and Quereguan v. New Castle County, 2004 WL 2271606 (Del. Ch. Sept. 28, 2004) for a more detailed recitation of the facts.

Javier Quereguan v. New Castle County, et al. Civil Action No. 20298-N September 20, 2006 Page 2

Delaware. Quereguan alleges that a defective retaining wall located at the edge of the adjoining Absalom Jones Community Center property (the "Center Property") caused water damages to his house and yard. Accordingly, Quereguan seeks monetary relief and an injunction ordering the wall to be fixed to prevent future damage.2 II. PROCEDURAL HISTORY

In January 2003, Quereguan filed a Complaint in Superior Court against the Red Clay Consolidated School District ("Red Clay"), New Castle County (the "County"), and the State of Delaware ("the State"). At the time the alleged problem began, Red Clay owned the Center Property and leased it to the County;3 since then, the State purchased the Center Property pursuant to the Bond and Capital Improvements Act of the State of Delaware for the Fiscal Year Ending June 30, 2003.4 All three defendants moved to dismiss. At argument, the Court concluded that it lacked jurisdiction to grant Quereguan equitable relief and transferred the case to the Court of Chancery.5 In June 2004, this Court held argument on Defendants' motions to dismiss. Thereafter, the Court denied the County's motion to dismiss, granted Red Clay's motion
2 3 4

Compl. Prayer for Relief (a). Red Clay's Answer

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