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NEW CASTLE COUNTY v. 16.89 ACRES OF LAND, ETC.

404 A.2d 135 (1979)

NEW CASTLE COUNTY, a political subdivision of the State of Delaware, Plaintiff below, Appellant and Cross-Appellee, v. 16.89 ACRES OF LAND, MORE OR LESS, SITUATE IN BRANDYWINE HUNDRED, NEW CASTLE COUNTY, Delaware, Donald S. Gaster and Mary Ann Gaster, his wife, Delaware Trust Company, a corporation of the State of Delaware, John W. Allen and Mildred H. Allen, his wife, James C. Elliott, t/a J. C. Elliott and Son, Co., WITCO Corp., a New York Corporation, B & P Motor Express, Inc., a corporation of the State of Delaware, Farmers Bank of the State of Delaware, New Castle County, Defendants below, Appellees and Cross-Appellants.

Supreme Court of Delaware.

Decided June 6, 1979.

Attorney(s) appearing for the Case

Catherine S. Mulholland, New Castle County Dept. of Law, Wilmington, for plaintiff-appellant.

Daniel L. Twer, of Levin, Spiller & Twer, Wilmington, for defendants-appellees.

Before McNEILLY, QUILLEN and HORSEY, Justices.

QUILLEN, Justice:

Four questions are presented by this appeal. The first two are whether or not the Trial Court erred in permitting evidence as to the reasonable probability of rezoning and evidence as to the assessed valuation of the real estate.

The Court below did not err in allowing testimony as to the reasonable probability of rezoning. In 0.040 Acres of Land v. State, Del.Supr., 198 A.2d 7, 8 (1964), this Court...

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