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1.77 ACRES OF LAND v. STATE

241 A.2d 513 (1968)

1.77 ACRES OF LAND, etc., Robert A. and Laura L. Cunningham, his wife, and Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 10, 1968.

Attorney(s) appearing for the Case

William D. Bailey, Jr., of Bayard, Brill & Handelman, Wilmington, for appellants.

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

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

WOLCOTT, Chief Justice.

This is an appeal by the landowners, Cunninghams, from an interlocutory judgment in a condemnation proceeding holding that a restrictive covenant was applicable to the land in question which required it to be valued on a residential rather than industrial basis. The land is 5.46 acres out of a tract of 15.630 acres lying along the northwesterly side of Governor Printz Boulevard in Brandywine Hundred...

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