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STATE EX REL. COM'R v. RITTENHOUSE

621 A.2d 357 (1992)

STATE of Delaware, Upon the Relation of the COMMISSIONER of the DEPARTMENT of CORRECTION, Plaintiff, v. John S. RITTENHOUSE, John A. Brown, Thomas Brittingham, t/a Ludlow Industrial Park Partnership, a Delaware General Partnership, Continental Bank, 0.851 Acres of Land More or Less, Situate in the City of Wilmington, New Castle, State of Delaware and Unknown Owners, Defendants.

Superior Court of Delaware, New Castle County.

Decided: March 10, 1992.

Attorney(s) appearing for the Case

Aubrey B. Lank, and Richard L. Abbott (argued), of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, for plaintiff.

Jeffrey C. Wisler (argued), and Douglas M. Hershman, of Williams, Gordon & Martin, P.A., Wilmington, for defendants Rittenhouse and Brittingham.

OPINION

BARRON, Judge.

In this condemnation case, brought under 10 Del.C., ch. 61, the State, upon the relation of the Commissioner of the Department of Correction (State), has filed a Motion In Limine and memoranda in support of its Motion for an Order that its condemnation action constitutes a "total taking." The State seeks a ruling that defendants may not offer evidence at trial on a "partial taking"...

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