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489.137 SQUARE FEET OF LAND v. STATE EX REL. PRICE

259 A.2d 378 (1969)

489.137 SQUARE FEET OF LAND, be the same MORE OR LESS, Situate IN Georgetown Hundred, SUSSEX COUNTY, in the State of Delaware, the Bryan Corporation, a corporation of the State of Maryland, Owner, and Farmers Bank of the State of Delaware, a corporation of the State of Delaware, Mortgagee, Defendants Below, Appellants, v. The STATE of Delaware, upon the relation of Henry T. PRICE, Lemuel H. Hickman, Thurman Adams, Jr., Harry Bonk, William G. Dorsey, C. Wardon Gass, Frank H. Mackie, Jr., Albert S. Moor, George M. Nelson, Elmer Pratt and Walter L. Wheatley, constituting the State Highway Department of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

November 7, 1969.

Attorney(s) appearing for the Case

W. Howard Thompson, Georgetown, for The Bryan Corporation, defendant below, appellant.

Robert W. Tunnell, of Tunnell & Raysor, Georgetown, for plaintiff below, appellee.

CAREY and HERRMANN, JJ., and SHORT, Vice-Chancellor, sitting.

CAREY, Justice:

The Bryan Corporation (Bryan) has appealed from an order of the Superior Court in a condemnation proceeding instituted by the State Highway Department (Dept.), appellee. The order was a dismissal of an amended answer, in which Bryan claimed damages for diminution of ingress into its property.

Bryan owns a lot at the southeast corner of the intersection of Routes 113 and 18 near Georgetown, on which...

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