STATE EX REL. STATE HWY. DEPARTMENT v. 14.69 ACRES OF LAND


226 A.2d 828 (1967)

The STATE of Delaware, upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff below, Appellant, v. 14.69 ACRES OF LAND, MORE OR LESS, 31.09 Acres of Land, More or Less, Situate in BRANDYWINE HUNDRED, NEW CASTLE COUNTY and State of Delaware, Marion L. Dougherty and Roy L. Dougherty, her husband, and Ernest Lodge Vail and unknown owners, Defendants below, Appellees.

Supreme Court of Delaware.

February 1, 1967.


Attorney(s) appearing for the Case

Aubrey B. Lank, of Theisen & Lank, Wilmington, for appellant.

Donald W. Booker and Robert Thurston Barrett, Wilmington, for appellees.

WOLCOTT, Chief Justice, CAREY, Justice, and SHORT, Vice-Chancellor, sitting.


CAREY, Justice.

The State, upon the relation of the Highway Department (herein Department), has appealed from a summary judgment entered by the Superior Court in a condemnation case. The judgment was based upon a finding that there was no necessity for taking a tract of 31.09 acres of land. Department contends that this finding is not supported by the record.

Prior to the institution of this action, appellees owned a property containing a total of 60 acres...

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