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ARTESIAN WATER CO. v. STATE, DEPT. OF HWYS. & TRANSP.

330 A.2d 432 (1974)

ARTESIAN WATER COMPANY, a corporation of the State of Delaware, Plaintiff, v. STATE of Delaware, DEPARTMENT OF HIGHWAYS & TRANSPORTATION, Defendant.

Superior Court of Delaware, New Castle.

November 22, 1974.

Attorney(s) appearing for the Case

Richard J. Abrams and Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, for plaintiff.

Aubrey B. Lank and Christopher S. Flanagan of Theisen, Lank & Mulford, Wilmington, for defendant.

OPINION

BIFFERATO, Judge.

This is an action by Artesian Water Company (Artesian) against the State of Delaware, Department of Highways and Transportation (State Highway Department), seeking a declaratory judgment that Artesian is entitled to reimbursement in the amount of all water facility relocation expenses that it will necessarily incur by reason of a recently approved state highway reconstruction project involving Delaware Route 141 (Basin Road). Both...

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