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STATE EX REL. STATE HWY. DEPT. v. 9.88 ACRES OF LAND

253 A.2d 509 (1969)

The STATE of Delaware upon the Relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellant, v. 9.88 ACRES OF LAND, et al., MORE OR LESS, situate IN NEW CASTLE HUNDRED, NEW CASTLE COUNTY, and State of Delaware; Christiana Marine, Inc., a corporation of the State of Delaware; David Pyle Michener, III, and unknown others, Defendants Below, Appellees.

Supreme Court of Delaware.

May 1, 1969.

Attorney(s) appearing for the Case

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

Donald W. Booker, of Booker, Leshem, Green & Shaffer, Wilmington, for appellees.

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

WOLCOTT, Chief Justice.

This is an appeal from an order of the Superior Court denying the right of the State Highway Department to condemn 14.76 acres of excess land belonging to Christiana Marine, Inc.

Due to the construction of Interstate Route 495, the Highway Department sought to condemn 9.88 acres of land owned by Christiana Marine, Inc. The taking of the 9.88 acres of land will result in a complete denial of...

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