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1.67 ACRES OF LAND, ETC. v. STATE

225 A.2d 763 (1967)

1.67 ACRES OF LAND, MORE OR LESS, Situate IN the TOWN OF MILTON, SUSSEX COUNTY, Delaware, and 5 acres of land, more or less, situate in the Town of Milton, Sussex County, Delaware, and Foster H. Pepper and Edith E. Pepper, his wife, owners, Hettie E. Wagaman, owner, and Carole Pepper, owner, Defendants below, Appellants, v. The STATE of Delaware upon the relation of Robert L. D. ALLEN, Dr. Hiram N. Lasher, Leland Brown, Irving Obrow, Dr. Woodrow Wilson, Edwin Golin, constituting the State Board of Education, Plaintiff below, Appellee.

Supreme Court of Delaware.

January 5, 1967.

Attorney(s) appearing for the Case

Paul R. Reed, Georgetown, for appellants.

Jackson R. Dunlap, Jr., of Tease, Faulkner & Dunlap, Georgetown, for appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, Justices, sitting.

CAREY, Justice.

This appeal questions an order of the Superior Court in a condemnation case granting possession of certain lands to appellee prior to a hearing on damages, and a judgment approving the award of compensation made by commissioners after trial. Appellants contend that they were prevented from showing the lack of appellee's need for the land, and that error was made at the trial in certain evidentiary rulings.

Appellee, the State Board of Education...

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