E. I. Du Pont De Nemours & Co. v. Clark

88 A.2d 436, 32 Del. Ch. 527, 1952 Del. LEXIS 100
CourtSupreme Court of Delaware
DecidedMay 5, 1952
Docket6
StatusPublished
Cited by48 cases

This text of 88 A.2d 436 (E. I. Du Pont De Nemours & Co. v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
E. I. Du Pont De Nemours & Co. v. Clark, 88 A.2d 436, 32 Del. Ch. 527, 1952 Del. LEXIS 100 (Del. 1952).

Opinions

Wolcott, Justice,

delivering opinion of majority of the court:

This is an action for a declaratory judgment to the effect that a building being erected by the appellant on its property in Mill Creek Hundred, New Castle County, is property to be used for industrial purposes and, as such, exempt from the provisions of the Plumbing and the Building Codes of New Castle County. Upon the filing of the amended complaint, the appellees and their agents were restrained from demanding that the appellant obtain permits under the codes in connection with the construction of its building.

The appellees moved to dismiss the complaint and to dissolve the restraining order. After final hearing, the Vice Chancellor entered a judgment dissolving the restraining order and dismissing the action. (See ante. p. 313, 85 A.2d 721.) From this judgment the appeal has been taken.

The motion to dismiss necessarily admitted the truth of the allegations of the amended complaint. The following facts, therefore, may be taken as established for the purposes of this appeal.

[530]*530The appellant, a Delaware corporation, is extensively-engaged in manufacturing and selling chemical products throughout the United States and in foreign countries, and is, generally speaking, engaged in the industrial chemical business. In order to further the objects and purposes of its business, it is essential that the appellant provide laboratories, factories, warehouses, and office buildings for the use of its executive, clerical, technical and other employees. The functions performed by its employees of all categories are each indispensable to and indissoluble from the appellant’s activities in the chemical industry.

The particular building of the appellant sought by the appellees to be made subject to the provisions of the Building and the Plumbing Codes of New Castle County is an office building now under construction, not for sale, but for the use of the appellant’s Engineering Department in connection with its functions in the appellant’s business.

Upon the basis of these facts, appellant contends that its property involved in this cause falls within two of the exemptions provided for in the enabling statutes under which the Building and the Plumbing Codes were promulgated by the Levy Court of New Castle County.1

In so far as they are pertinent to the cause sub judice the statutes are similar. We are concerned only with the exemption provisions found in both since the appellant seeks to bring itself within two of those exemptions. Each statute contains five exemptions or exceptions of properties from its provisions. These are substantially as follows:

(1) Structures necessary to the operation of farm lands;

(2) Properties located within any incorporated city or town;

[531]*531(3) Properties used for industrial purposes;

(4) Properties built by industrial concerns for the use of their employees and not for sale;

(5) Properties owned by individuals who desire to do their own work.

Appellant argues that the building it is now constructing is exempt from the provisions of the codes by reason of exemptions numbered 3 and 4. We will first consider Exemption No. 3.

Appellant argues that the adjective “industrial” means having to do with, pertaining to, relating to or connected with production, industry or the manufacture of commodities and, as such, has a sufficiently broad meaning to embrace any property of an industrial concern used in connection with its business generally.

Appellees argue that the adjective “industrial,” as used in the acts under consideration, is synonymous with “manufacturing” and that Exemption No. 3 covers only buildings and properties actually used in a manufacturing process. Broadly speaking, appellees contend that only factories are included in Exemption No. 3.

The decisions to which we are cited by both sides are not dispositive of the question. We are referred to language appearing in opinions dealing with somewhat comparable problems of statutory construction in which the words “industrial” or “industry” or “manufacturing” are defined. We do not think these cases are particularly helpful in the solution of the problem with which we are faced except that they indicate the lack of preciseness in the definition of the word “industrial” and the consequent need for the resolution of an apparent ambiguity in the exemptions contained in the statutes. The most that can be said for the authorities to which we have been cited on this point is that they demonstrate that under some circumstances the word “industrial” may mean pertaining to all facets of an industry, and that, [532]*532under other circumstances, it may mean only the actual process of manufacture carried on in a factory. We think it plain that the scope of the exemption may not be determined solely by reference to a dictionary.

We are faced, therefore, with the necessity of construing the exemptions in the two statutes before us. In so doing, we are required to give to the statutory words a reasonable and sensible meaning in the light of their intent and purpose. Petition of Hoopes, 1 Terry 126, 5 A.2d 655; Darling Apartment Co. v. Springer, 25 Del.Ch. 420, 22 A.2d 397, 137 A.L.R. 803. The object of statutory construction is to give, if possible, a sensible and practical meaning to a statute as a whole so that it may be applied in future cases as well as the present one without difficulty. The court must necessarily be guided by the presumption that the Legislature did not intend an unreasonable, absurd or unworkable result. If from the statute as a whole the object sought to be attained or the general intent underlying the statutory language can be ascertained, it will be given effect by the courts. Darling Apartment Co. v. Springer, supra.

In determining the meaning of ambiguous statutory language, an appreciation of the results which may follow from one possible construction or another may, on occasion, be conclusive as to the correct construction to be placed upon the language, since an irrational, impractical or excessive result presumably could not have been intended by the Legislature. Roland Park Co. v. State, 80 Md. 448, 31 A. 298; Commonwealth v. Peoples, 345 Pa. 576, 28 A.2d 792; People’s Holding Co. v. Bray, 118 Conn. 568, 173 A. 233; St. Paul’s Church v. City of Concord, 75 N.H. 420, 75 A. 531, 27 L.R.A., (N.S.,) 910. Since exemptions no less than other portions of a statute are entitled to the application of the rule of reasonable construction, a particular construction of an exemption will be adopted when such construction appears to be the only reasonable one in accordance with the underlying legislative intent which will give a fixed, permanent and certain [533]*533rule easily applied to future cases. 50 Am. Jur., Statutes, § 431; Langdon v. Doud, 6 Allen, (Mass.,) 423.

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Bluebook (online)
88 A.2d 436, 32 Del. Ch. 527, 1952 Del. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-i-du-pont-de-nemours-co-v-clark-del-1952.