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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