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STATE EX REL. ST. HWY. D. v. J. H. WILKERSON & SON, INC.

280 A.2d 700 (1971)

The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellant, v. J. H. WILKERSON & SON, INC., a corporation of the State of Delaware; 10.33 Acres of Land, more or less, Situate In Cedar Creek Hundred, Sussex County and State of Delaware; and Unknown Owners, Defendants Below, Appellee.

Supreme Court of Delaware.

Reargument Denied July 14, 1971.

Attorney(s) appearing for the Case

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

William S. Hudson, Dover, for defendant below, appellee.

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

CAREY, Justice:

This is an appeal by the State from an order of the Superior Court in a condemnation case, affirming an award and refusing to grant a new trial.

The State condemned 10.33 acres of land owned by defendant, J. H. Wilkerson and Son, Inc., for the purpose of constructing a highway. The parcel of land, located in Cedar Creek Hundred near Milford, is divided into two parts. There is no dispute that the area...

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