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WILMINGTON PKG. AUTH. v. LAND W/IMPROVEMENTS

521 A.2d 227 (1986)

The WILMINGTON PARKING AUTHORITY, a public body, corporate and politic, exercising public powers of the State of Delaware, as an agency thereof pursuant to Chapter 5 of Title 22 of the Delaware Code of 1953, as amended, Plaintiff Below, Appellant, v. LAND WITH IMPROVEMENTS, SITUATE IN the CITY OF WILMINGTON, NEW CASTLE COUNTY, State of Delaware, known as 227 West 8th Street, Theodore G. Hantzandreou and Labrini T. Hantzandreou, and Other Unknown Parties in Interest, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: October 1, 1986.

Opinion Issued: March 2, 1987.

Attorney(s) appearing for the Case

Howard M. Handelman (argued) and Peter J. Walsh, of Bayard, Handelman & Murdoch, P.A., Wilmington, for appellant.

Carl A. Agostini (argued), Louis P. Agostini, Jr., and David T. Smith, Esquire, of Agostini & Agostini, Wilmington, for appellees.

Before CHRISTIE, C.J., HORSEY and MOORE, JJ.

CHRISTIE, Chief Justice:

In this appeal the Court was called upon to determine whether the Superior Court erred in ruling that under the special circumstances of this case, the Wilmington Parking Authority ("WPA") lacked the authority to condemn certain land in downtown Wilmington pursuant to its statutorily delegated power of eminent domain. The Superior Court prevented the condemnation from going forward because it found...

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