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0.040 ACRES OF LAND, ETC. v. STATE

198 A.2d 7 (1964)

0.040 ACRES OF LAND, MORE OR LESS, IN the CITY OF NEW CASTLE, New Castle Hundred, New Castle County and State of Delaware, Frank L. Hewlett, Sr., Widower, and other Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware ex rel. the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 11, 1964.

Attorney(s) appearing for the Case

Edward W. Cooch, Jr., of Cooch & Taylor, Wilmington, for defendants below appellants.

Richard J. Baker, Wilmington, for plaintiff below appellee.

TERRY, Chief Justice, CAREY, Justice, and STIFTEL, Judge, sitting.

STIFTEL, Judge.

Frank L. Hewlett, Sr. and other unknown owners appeal an award of a condemnation commission. The award was based on a partial taking of a portion of defendants'1 residentially zoned property by the State Highway Department in order to widen a road. Defendant claims that the trial judge erred when he struck from the evidence testimony of two of his appraisers and exhibits of changes in the zoning ordinance produced by the...

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