Quereguan v. New Castle County, download file. In this Chancery Court case, the court addressed whether the State of Delaware waived its sovereign immunity via the Bond Bill by authorizing property to be leased, in connection with a claim for damage to adjoining private property. The analysis of the Bond Bill gives the reader an insight into both legislative history in Delaware and how state action that has the force of law can be made through the Bond Bill, but the text of which may never appear in the bound volumes of the Delaware Code where Delaware statutes appear. The court also addressed the Uniform Contribution Among Tortfeasers Act that applies to tort claims.
Contribution and indemnity were discussed to the extent that the court observed that a breach of contract claim, such as that based on a lease, can also be the basis for a claim of contribution and indemnity. The court also discussed latches and res judicata and found that the Motion to Dismiss filed by the State should be denied.