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1983 Delaware Attorney General Reports and Opinions 1 (1983)

handle is hein.sag/sagde0023 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STATE OFFICE BUILDING
cuARLes.11.o v B   11820 N. FRENCH STREET, 8TH FLOOR       DaiTDIAL:  571-2520
ATTRE cG ENRAL         WILMINGTON, DELAWARE 19801
January 26, 1983
Honorable Dennis.E. Greenhouse
State Auditor
Townsend Building
Dover, Delaware  19901
RE: Municipal Street Aid Funds
Opinion No. 83-1001
Dear Dennis:
The Town of Smyrna is asking whether it may use Municipal
Street Aid funds for construction of public parking lots
on privately owned property. The answer is that the con-
struction of public parking lots with Municipal Street Aid
funds is impermissible under 30 Del. C. S5161 et. seq.
As a general rule, legislative grants, such as Municipal
Street Aid, are strictly construed against the grantee.
Carper v. New Castle County Board of Education, Del. Supr.,
432 A.2d 1202 (1981), 3 Sutherland, Statutory Construction
(4 ed.) SS63.02 and 64.08. Thirty Del. C. S5165 limits
the use of the Municipal Street Aid fund, in construction
matters, to construction, maintenance, and repair of water

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