Legal Opinion

Tusso v. Smith

Court of Chancery of Delaware

Decided June 9, 1960PublishedCited by 4 opinions

1Opinion of the Court

Wolcott, Justice:

This is an appeal from a judgment entered in the Court of Chancery of New Castle County upholding the action of the State Highway Department pursuant to 17 Del.C. §§ 171-180 in acquiring the right-of-way for a limited access highway through the City of Wilmington. This project was before us earlier in Piekarski v. Smith, 38 Del.Ch. 402, 153 A.2d 587, to which reference is made for factual background. We upheld in that case the action of the State Highway Department. The instant case, however, raises additional questions.

The appellants are real estate owners in the City of…

2Cases cited13 opinions

  1. Application of Oklahoma Turnpike AuthoritySupreme Court of Oklahoma · 1950
  2. Henderson v. Delaware River Joint Toll Bridge CommissionSupreme Court of Pennsylvania · 1949
  3. Conard v. StateSuperior Court of Delaware · 1940
  4. Aetna Casualty and Surety Company v. SmithSupreme Court of Delaware · 1957
  5. State v. 0.62033 Acres of Land in Christiana HundredSuperior Court of Delaware · 1954

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3Cited by4 opinions

  1. Globe Liquor Co. v. Four Roses Distillers CompanySupreme Court of Delaware · 1971
  2. City of Dover v. International Telephone & Telegraph Corp.Supreme Court of Delaware · 1986
  3. Tusso v. SmithSupreme Court of Delaware · 1960
  4. Opinion of the JusticesSupreme Court of Delaware · 1969

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