Lewis v. duPont

Layton, Chief Justice:

This cause is before the Court on a motion by the petitioners in a mandamus proceeding to strike the respondent’s answer as being insufficient to state a defense.

The petitioners are owners of land which was necessary to be taken by the State for the construction of a high level bridge over the Delaware and Chesapeake Ship Canal. The owners and the State Highway Department could not reach an agreement, and the Department instituted condemnation proceedings under Section 5730 of the Revised Code.

Briefly, and omitting details not pertinent here, the statute requires the…