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1.27 ACRES OF LAND v. STATE

262 A.2d 641 (1970)

1.27 ACRES OF LAND, more or less, 0.05 of an Acre of Land, more or less, 1.29 Acres of Land, more or less, 1.07 Acres of Land, more or less, 1.72 Acres of Land, more or less, 4.07 Acres of Land, more or less, Situate in the City of Wilmington, New Castle County and State of Delaware; the City of Wilmington, Formerly the Mayor and Council of the City of Wilmington, 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.

January 30, 1970.

Attorney(s) appearing for the Case

Clement C. Wood, First Asst. City Sol., Wilmington, for defendant below, appellants.

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

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice.

In this appeal from the Superior Court, the City of Wilmington (City), appellant, seeks the reversal of an order permitting the amendment of the complaint in a condemnation case. The property is being acquired by the State Highway Department (Department) for the construction of Interstate Highway 95. The original complaint called for the acquisition of the fee simple in the several tracts involved; the amendment still avers that Department is taking...

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