Frank E. ACIERNO; 55.4261 Acres of Land, more or less as a Permanent Taking: 0.0785 Acres of Land, as a Permanent Easement; 3.6073 Acres of Land, as a Temporary Construction Easement; 5.5258 Acres of Land, as a Permanent Easement for Wetland Mitigation Area; situate in Christiana Hundred, New Castle County, State of Delaware, and Unknown Owners, Defendant Below, Appellant,
v.
The STATE of Delaware, upon the relation of the Secretary of the Department of Transportation, Plaintiff Below, Appellee.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: April 12, 1994.
Decided: June 14, 1994.
Attorney(s) appearing for the Case
Thomas Stephen Neuberger (argued), Wilmington, and John J. Yannacone, Yannacone, Fay, Baldo & Daly, Media, PA, for appellant.
Aubrey B. Lank (argued), and Richard L. Abbott, Theisen, Lank, Mulford & Goldberg, Wilmington, for appellee.
Before VEASEY, C.J., MOORE and WALSH, JJ.
Supreme Court of Delaware.
This is an appeal from a condemnation award in the Superior Court. The condemning authority, the Delaware Department of Transportation ("State"), sought to acquire 59.0149 acres of land in New Castle County for the realignment of Delaware Route 7 ("Route 7") and the construction of a regional interchange. The property owner, Frank E. Acierno ("Acierno"), contends that the amount awarded by the condemnation commissioners, $266,000...
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