Legal Opinion

Delaware Ex Rel. Secretary of the Department of Highways & Transportation v. Davis Concrete of Delaware, Inc.

Supreme Court of Delaware

Decided April 1, 1976PublishedCited by 9 opinions

1Opinion of the Court

HERRMANN, Chief Justice:

In this condemnation case, brought under 10 Del.C. ch. 61, a concrete mixing plant, consisting of land, buildings, machinery and equipment, was taken by the State for highway right-of-way purposes. The award of the condemnation commission was $575,000. The State appeals on the ground that evidence as to value to the owner of the business as a going concern was improperly admitted. We agree.

I

The State’s case consisted of the testimony of expert witnesses that, under the

cost-of-reproduction approach to fair market value, 1 the property had a value of between $249,230 and…

2Cases cited12 opinions

  1. Wilmington Housing Authority v. HarrisSuperior Court of Delaware · 1952
  2. State v. ChaseSuperior Court of Delaware · 1957
  3. Behringer v. William Gretz Brewing Co.Superior Court of Delaware · 1961
  4. Board of Education v. 13 Acres of Land in Brandywine Hundred, Vivien J., Inc.Superior Court of Delaware · 1957
  5. State v. 0.15 ACRES OF LAND, ETC.Supreme Court of Delaware · 1961

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

3Cited by9 opinions

  1. Girard Trust Bank v. Castle Apartments, Inc.Superior Court of Delaware · 1977
  2. Home Beneficial Life Insurance v. Blue Rock Shopping Center, Inc.Superior Court of Delaware · 1977
  3. State ex rel. Commissioner of the Department of Correction v. RittenhouseSupreme Court of Delaware · 1993
  4. State ex rel. Secretary of the Department of Transportation v. Roseann H. Harkins Revocable Trust Dated October 26, 1994Superior Court of Delaware · 1997
  5. State ex rel. Commissioner of the Department of Correction v. RittenhouseSuperior Court of Delaware · 1992

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

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