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1.77 ACRES OF LAND, IN NEW CASTLE COUNTY v. STATE

260 A.2d 157 (1969)

1.77 ACRES OF LAND, MORE OR LESS, 3.71 Acres of Land, More or Less; Situate IN BRANDYWINE HUNDRED, NEW CASTLE COUNTY and State of Delaware, 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.

November 3, 1969.

Attorney(s) appearing for the Case

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

Audrey B. Lank, of Theisen & Lank, Wilmington, for plaintiff below, appellee.

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

CAREY, Justice.

This is an appeal from the confirmation by Superior Court of an award in a condemnation case. The property, which is located in Brandywine Hundred north of Wilmington, was taken by the State Highway Department, appellee (Dept.), for the construction of I-495, an interstate highway. See 241 A.2d 513. It was owned by Robert A. Cunningham and his wife, appellants (owners). The date of the taking was December 12, 1966...

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