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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