1.77 Acres of Land v. State Ex Rel. State Highway Department

WOLCOTT, Chief Justice.

This is an appeal by the landowners, Cunninghams, from an interlocutory judgment in a condemnation proceeding holding that a restrictive covenant was applicable to the land in question which required it to be valued on a residential rather than industrial basis. The land is 5.46 acres out of a tract of 15.630 acres lying along the northwesterly side of Governor Printz Boulevard in Brandywine Hundred. The State is taking the 5.46 acres in question to relocate Governor Printz Boulevard to the westward to permit the construction of Interstate Route 1-495 which will run…