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STATE EX REL. SECRETARY v. MATHEWS REALTY

514 A.2d 1123 (1986)

The STATE of Delaware, ex rel. SECRETARY OF the DEPARTMENT OF TRANSPORTATION, Plaintiff, v. MATHEWS REALTY COMPANY; Delaware Tire Center, Inc., both Delaware corporations; Boulden Oil & Propane Gas; 1,397.04 Square Feet of Land, more or less as a Temporary Construction Easement; situate in the City of Newark, New Castle County, State of Delaware, and Unknown Owners, Defendants.

Superior Court of Delaware, New Castle County.

Decided: March 20, 1986.

Attorney(s) appearing for the Case

Aubrey B. Lank, of Theisen, Lank, Mulford and Goldberg, Wilmington, for plaintiff.

William D. Bailey, Jr., of Bayard, Handelman and Murdoch, Wilmington, for defendants Delaware Tire Center, Inc. and Boulden Oil & Propane Gas.

Jerome O. Herlihy, of Herlihy & Wier, Wilmington, for defendant Mathews Realty Co.

BABIARZ, Judge.

This is the decision of the Court on plaintiff's application for an order of immediate possession pursuant to 10 Del.C. 6110(a)1 in the above-named condemnation action. At stake is a five-foot strip of land having an area of 1397.04 square feet which borders the front of defendants' premises along the westerly side of Delaware Route 896. The land is sought by the State...

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