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CANNON v. STATE

No. 418, 2001.

807 A.2d 556 (2002)

Everett Clifton CANNON and Allie Marie Cannon, his wife, Defendants Below, Appellants, v. STATE of Delaware, Upon the Relation of the Secretary of the Department of Transportation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 28, 2002.

Rehearing Denied October 11, 2002.

Attorney(s) appearing for the Case

John A. Sergovic, Jr., Esquire, Sergovic, Ellis & Shirey, P.A., Georgetown, Delaware, for Appellants.

Mark F. Dunkle, Esquire, Parkowski & Guerke, P.A., Dover, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court En Banc.

WALSH, Justice for the Majority.

In this interlocutory appeal from a Superior Court order of possession, we address the scope of the condemnation powers delegated to the Department of Transportation of the State of Delaware ("DelDOT"). The appellants/defendants below are the owners of 6.5 acres of land in Sussex County that DelDOT seeks to condemn in order to create a wetlands mitigation...

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