Legal Opinion

New Castle County v. 16.89 Acres of Land, More or Less, Situate in Brandywine Hundred

Supreme Court of Delaware

Decided June 6, 1979PublishedCited by 1 opinion

1Opinion of the Court

QUILLEN, Justice:

Four questions are presented by this appeal. The first two are whether or not the Trial Court erred in permitting evidence as to the reasonable probability of rezoning and evidence as to the assessed valuation of the real estate.

The Court below did not err in allowing testimony as to the reasonable probability of rezoning. In 0.040 Acres of Land v. State, Del.Supr., 198 A.2d 7, 8 (1964), this Court said:

“Thus, where land is not available for a particular use because of a zoning ordinance, but there is a reasonable probability that the prohibition or restriction will be…

2Cases cited8 opinions

  1. Louisiana Highway Commission v. GiacconeLouisiana Court of Appeal · 1932
  2. Fitzsimmons v. McCorkleSupreme Court of Delaware · 1965
  3. In Re Memorial Hall SiteMichigan Supreme Court · 1946
  4. Delaware Racing Association v. McMahonSupreme Court of Delaware · 1975
  5. 0.040 Acres of Land v. State Ex Rel. State Highway DepartmentSupreme Court of Delaware · 1964

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

3Cited by1 opinion

  1. Morley v. Jackson Redevelopment AuthorityMississippi Supreme Court · 1994

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