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COUCH v. DELMARVA POWER & LIGHT CO.

593 A.2d 554 (1991)

Jeffrey COUCH, Susan Couch Rutkoske, Felix Rutkoske, and Irene Rutkoske, Petitioners, v. DELMARVA POWER & LIGHT COMPANY, and the Delaware Department of Transportation, an agency of the State of Delaware, Respondents.

Court of Chancery of Delaware, New Castle County.

Decided: March 20, 1991.

Attorney(s) appearing for the Case

Daniel J. Anker, Wilmington, for petitioners.

Somers S. Price, Jr., and Frederick H. Altergott of Potter Anderson & Corroon, Wilmington, for respondent Delmarva Power & Light Co.

Frederick H. Schranck, Deputy Atty. Gen., Dover, for respondent Delaware Dept. of Transp.

OPINION

ALLEN, Chancellor.

Delmarva Power & Light Company ("DP & L") is presently installing a new 25 kilovolt electrical transmission line along the easterly side of Route 10 in Appoquinimink Hundred, New Castle County. This work is supposedly being done within the State of Delaware highway right of way with the approval of the Delaware Department of Transportation ("DelDOT"). Plaintiffs own about 170 acres of farmland bordering the easterly side...

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