Legal Opinion

0.744 of an Acre of Land v. State Ex Rel. State Highway Department

Supreme Court of Delaware

Decided February 10, 1969PublishedCited by 8 opinions

1Opinion of the Court

WOLCOTT, Chief Justice.

This appeal presents a single question, viz., What is the measure of just compensation to the City of Wilmington for the taking by the State Highway Department of certain parkland owned and operated as a park by the City ? * The question was raised below in advance of trial in accordance with 10 Del.C., § 6108(a) which requires that “all preliminary questions of law” be disposed of prior to calendaring the case for trial.

The Superior Court held that “just compensation” for the taking by the Highway Department of the City’s parkland within the meaning of Article I, § 8…

2Cases cited14 opinions

  1. Town of Winchester v. CoxSupreme Court of Connecticut · 1942
  2. State v. CooperSupreme Court of New Jersey · 1957
  3. Wilmington Housing Authority v. HarrisSuperior Court of Delaware · 1952
  4. State v. Waco Independent School DistrictCourt of Appeals of Texas · 1963
  5. State v. ChaseSuperior Court of Delaware · 1957

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Henry v. Ballard & Cordell Corp.Supreme Court of Louisiana · 1982
  2. Delaware Racing Association v. McMahonSupreme Court of Delaware · 1975
  3. Wilmington Housing Authority v. Greater St. John Baptist ChurchSupreme Court of Delaware · 1972
  4. Delaware Ex Rel. Secretary of the Department of Highways & Transportation v. Davis Concrete of Delaware, Inc.Supreme Court of Delaware · 1976
  5. Restaurants, Inc. v. City of WilmingtonSupreme Court of Delaware · 1971

3 more not listed; retrieve them via the Exa API.

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