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CUNNINGHAM v. MARCELLO

No. 641-Appeal.

260 A.2d 451 (1970)

John E. CUNNINGHAM et ux. v. Angelo A. MARCELLO, Director of Public Works, State of Rhode Island.

Supreme Court of Rhode Island.

January 8, 1970.

Attorney(s) appearing for the Case

Higgins, Cavanagh & Cooney, John P. Cooney, Jr., Providence, for petitioners.

Dominic A. St. Angelo, Asst. Counsel, Providence, for respondent.

OPINION

KELLEHER, Justice

This is a petition brought for the assessment of damages caused by the taking by eminent domain for highway purposes of certain unimproved land located in Warwick on the Bald Hill Road opposite the Midland Mall. The Mall is described as one of the largest shopping-center complexes in the New England area. A nonjury trial was held before a justice of the Superior Court. He awarded the petitioners the sum of $115,870 with interest...

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