1.27 Acres of Land v. State ex rel. State Highway Department

CAREY, Justice.

In this appeal from the Superior Court, the City of Wilmington (City), appellant, seeks the reversal of an order permitting the amendment of the complaint in a condemnation case. The property is being acquired by the State Highway Department (Department) for the construction of Interstate Highway 95. The original complaint called for the acquisition of the fee simple in the several tracts involved; the amendment still avers that Department is taking the fee simple, but “grants” to City *642the use of an air space subject to specified terms and conditions concerning its use. The…