STATE v. DAVIS CONCRETE OF DELAWARE, INC.


355 A.2d 883 (1976)

The STATE of Delaware upon the relation of the SECRETARY OF the DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, Plaintiff below, Appellant, Cross-Appellee, v. DAVIS CONCRETE OF DELAWARE, INC., a corporation of the State of Delaware, et al., Defendant below, Appellee, Cross-Appellant.

Supreme Court of Delaware.

Decided April 1, 1976.


Attorney(s) appearing for the Case

Aubrey B. Lank, Theisen, Lank & Mulford, Wilmington, for plaintiff below, appellant and cross-appellee.

Eduard F. von Wettberg, III, Wilmington, and Patrick A. O'Doherty, Baltimore, Md., for defendant below, appellee and cross-appellant.

Before HERRMANN, C. J., DUFFY, J., and BROWN, Vice Chancellor.


HERRMANN, Chief Justice:

In this condemnation case, brought under 10 Del.C. ch. 61, a concrete mixing plant, consisting of land, buildings, machinery and equipment, was taken by the State for highway right-of-way purposes. The award of the condemnation commission was $575,000. The State appeals on the ground that evidence as to value to the owner of the business as a going concern was improperly admitted. We agree.

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