SPALLONE, J.
This is an appeal from the granting of the defendant's motion for summary judgment in a condemnation action. The dispositive issue is whether, after a landowner has breached a voluntary agreement to convey land to the highway commissioner for a highway project, the commissioner, in a subsequent condemnation action to acquire the land, may limit the damages to the amount agreed to by the parties in the sales contract. We find that, under these circumstances...
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