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0.744 OF AN ACRE OF LAND v. STATE EX REL. STATE HY. DEPT.

251 A.2d 341 (1969)

0.744 OF AN ACRE OF LAND, etc., the CITY OF WILMINGTON, formerly the Mayor and Council of Wilmington, Defendant Below, Appellant, v. The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 10, 1969.

Attorney(s) appearing for the Case

O. Francis Biondi, former City Sol., and Stanley T. Czajkowski, Asst. City Sol., Wilmington, for appellant.

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

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

WOLCOTT, Chief Justice.

This appeal presents a single question, viz., What is the measure of just compensation to the City of Wilmington for the taking by the State Highway Department of certain parkland owned and operated as a park by the City?* The question was raised below in advance of trial in accordance with 10 Del.C., § 6108(a) which requires that "all preliminary questions of law...

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