CITY OF DOVER v. CARTANZA


541 A.2d 580 (1988)

CITY OF DOVER, a municipal corporation of the State of Delaware, Plaintiff, v. Philip P. CARTANZA and Sandra L. Cartanza, his wife, Cartanza Farms, Ltd. Partnership, a limited partnership of the State of Delaware, Bank of Delaware, a corporation of the State of Delaware; 2,000 Square Feet of Land, more or less; 2,500 Square Feet of Land, more or less, all situate in Little Creek Hundred, Kent County, State of Delaware; and Unknown Owners, and John Leon Tarburton and Emma Tarburton; Federal Land Bank of Baltimore, a corporation of the State of Maryland; Delaware Production Credit Association, a corporation of the State of Delaware; 14,557 Square Feet of Land, more or less; 10,000 Square Feet of Land, more or less; 12,812 Square Feet of Land, more or less; a 50-Foot-Wide Utility Easement, more or less; all situate in Little Creek Hundred, Kent County, State of Delaware; and Unknown Owners, and John F. Tarburton and Mary Margaret Tarburton; Federal Land Bank of Baltimore, a corporation of the State of Maryland; 10,000 Square Feet of Land, more or less, 10,000 Square Feet of Land, more or less; all situate in Little Creek Hundred, Kent County, State of Delaware; and Unknown Owners, Defendants.

Superior Court of Delaware, Kent County.

Decided: March 3, 1988.


Attorney(s) appearing for the Case

Nicholas H. Rodriguez of Schmittinger & Rodriguez, P.A., Dover, for plaintiff.

Aubrey B. Lank of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, for defendants Tarburton.

Thomas I. Barrows of Hudson, Jones, Jaywork & Williams, Dover, for defendants Cartanza.

John I. Ellis, Dover, for defendants Federal Land Bank of Baltimore and Delaware Production Credit Ass'n.


RIDGELY, Judge.

This consolidated action was commenced by the City of Dover ("City") to condemn certain agricultural lands for the installation of production and monitoring water wells to meet the water distribution demands of the City. The City also seeks to acquire easements from the defendant property owners to gain access to and from these wells.

Defendants Tarburton and Cartanza have raised three objections as...

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