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STATE v. PARCEL NO. 1-1.6401 ACRES OF LAND, ETC.

243 A.2d 709 (1968)

The STATE of Delaware upon the relation of Henry T. PRICE et al., constituting the State Highway Department of the State of Delaware, Plaintiff Below, Appellant, v. PARCEL NO. 1-1.6401 ACRES OF LAND, Be the Same MORE OR LESS, Situate IN the CITY OF DOVER, EAST DOVER HUNDRED, KENT COUNTY and State of Delaware, Parcel No. 2-0.3563 Acres of Land, Be the Same More or Less, situate in the City of Dover, East Dover Hundred, Kent County and State of Delaware, Parcel No. 3-0.1141 Acres of Land, Be the Same More or Less, situate in the City of Dover, East Dover Hundred, Kent County and State of Delaware, and Ralph F. Spence and Elsie Spence, his wife, and Pearl E. Pippin and Robert Pippin, her husband, and Mabel B. Griffith, Widow, Defendants Below, Appellees.

Supreme Court of Delaware.

May 13, 1968.

Attorney(s) appearing for the Case

Joshua M. Twilley, of Twilley & Maybee, Dover, for plaintiff below, appellant.

Roy S. Shiels, Dover, for defendants below, appellees.

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

HERRMANN, Justice.

This is an appeal by the State Highway Department from an award in a land condemnation case. The two questions we are called upon to decide are: (1) is an unaccepted offer to purchase nearby land admissible as evidence of market value of the land involved in the taking; and (2) was the issue of reasonable probability of rezoning properly submitted to the condemnation commission?

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