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STATE HIGHWAY DEPARTMENT v. ROBERTS

215 A.2d 250 (1965)

STATE HIGHWAY DEPARTMENT, an agency of the State of Delaware, Plaintiff, v. Harry B. ROBERTS, Harry H. Lambert ,and Joseph F. Dayton, comprising the Levy Court of New Castle County, Defendants.

Court of Chancery of Delaware, New Castle.

December 1, 1965.

Attorney(s) appearing for the Case

Walter K. Stapleton, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Stuart B. Young, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendants.

MARVEL, Vice Chancellor:

On September 21, 1964, defendants were restrained from interfering with plaintiff's proposed relocation as well as replacement of certain sewer lines installed and operated by defendants under public streets in a development known as Eden Park Gardens near Wilmington. The work in question was a necessary corollary to the building of the roadbed of a new interstate highway, the changes required in...

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