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STATE v. RITTENHOUSE

634 A.2d 338 (1993)

The STATE of Delaware, upon the relation of the COMMISSIONER OF the DEPARTMENT OF CORRECTION, Plaintiff Below, Appellant/Cross-Appellee, v. John S. RITTENHOUSE, and Thomas Brittingham, t/a Ludlow Industrial Park Partnership, a Delaware General Partnership, Confidential Bank; 0.851 Acres of Land, more or less, situate in the City of Wilmington, New Castle County, State of Delaware, and Unknown Owners, Defendants Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: December 20, 1993.

Attorney(s) appearing for the Case

Aubrey B. Lank, Richard L. Abbott, (argued), of Theisen, Lank, Mulford & Goldberg, Wilmington, for appellant.

Jeffrey C. Wisler (argued), Douglas M. Hershman, Barbara Snapp Danberg of Williams, Gordon & Martin, Wilmington, for appellees.

Before VEASEY, C.J., WALSH and HOLLAND, JJ.

HOLLAND, Justice:

This condemnation action was initiated by the State of Delaware, upon relation of the Commissioner of the Department of Correction ("State"). The named defendants included John S. Rittenhouse and Thomas Brittingham, trading as Ludlow Industrial Park Partnership ("Ludlow Partnership"). Ludlow Partnership requested that a trial be held to determine the amount of just compensation for the taking of its property...

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