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IMPROVED PARCEL OF LAND, ETC. v. STATE

201 A.2d 453 (1964)

The IMPROVED PARCEL OF LAND, KNOWN AS NO. 400 MARYLAND AVENUE, with the Buildings Thereon Erected, Situate IN the CITY OF WILMINGTON, NEW CASTLE COUNTY and State of Delaware, Containing approximately 1793.95 square feet, John Wojdak, Helen Wojdak, his wife, Nicholas G. Kledaras, and Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiffs Below, Appellee.

Supreme Court of Delaware.

May 14, 1964.

Attorney(s) appearing for the Case

Morton E. Evans, Wilmington, for Nicholas G. Kledaras.

David A. Eastburn and Edmund J. Bodziak, Wilmington, for the Wojdaks.

William D. Bailey, Jr., of Herrmann, Bayard, Brill & Russell, Wilmington, for the State of Delaware.

TERRY, C. J., WOLCOTT and CAREY, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from an order entered in the Superior Court denying the right of the appellant, a tenant, to participate in condemnation proceedings as a result of which the fee under lease to him was taken by the State and an order of possession entered ejecting the tenant from the premises.

In substance, the result of the action in the court below was to hold that a tenant has no compensable...

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