Artesian Water Co. v. State, Department of Highways & Transportation

McNEILLY, Justice:

This is an appeal from a decision of the Superior Court granting defendant’s cross-motion for summary judgment in a declaratory judgment action. See Artesian Water Company v. State of Delaware, Department of Highways and Transportation, Del.Super., 330 A.2d 432 (1973).

In a learned discussion of the interplay between recent state and federal relocation assistance statutes, the Superior Court concluded that the plaintiff had no right to full relocation cost compensation since the highway project here involved had less than ninety percent federal funding. Compare State Highway…