Legal Opinion
State Highway Department v. Lots Nos. 133, 134 and 135, Block 1, of Concord Heights, Situate in the City of Wilmington
Supreme Court of Delaware
Decided January 9, 1968PublishedCited by 4 opinions
1Per curiam
The State Highway Department urges a reversal of our holding in State Highway Department v. Sapp,* Del., 224 A.2d 598 (1966) to the effect that 10 Del. C. § 8906 is applicable in a condemnation case and that, therefore, it is within the discretion of the Trial Court to assess as costs expert witness fees in a condemnation case.
We have considered the various arguments made by the Department including (1) the legislative histories of 10 Del.C. § 8906 and 10 Del.C. § 6111; (2) the rule prevailing in other jurisdictions, as exemplified by In re Canda Realty Company, 9 A.2d 305, 17 N.J.Misc. 346…
2Cases cited4 opinions
- State v. 0.0673 ACRES OF LAND, ETC.Supreme Court of Delaware · 1966
- In re the Acquisition of the Land & Property of Canda Realty Co.Supreme Court of New Jersey · 1939
- State v. PelliniNew Jersey Superior Court Appellate Division · 1962
- Hartman Tobacco Co. v. ArgravesConnecticut Superior Court · 1959
3Cited by4 opinions
- State v. WilsonSupreme Court of New Hampshire · 1975
- 9.88 Acres of Land v. State Ex Rel. State Highway DepartmentSupreme Court of Delaware · 1971
- Barry Smith v. Paul J. Renzi MasonrySuperior Court of Delaware · 2016
- State of Delaware, Upon Relation of Department of Transportation v. Melpar, LLCSuperior Court of Delaware · 2022