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

Stiftel, Judge.

Frank L. Hewlett, Sr. and other unknown owners appeal an award of a condemnation commission. The award was based on a partial taking of a portion of defendants’ 1 residentially zoned property by the State Highway Department in order to widen a road. Defendant claims that the trial judge erred when he struck from the evidence testimony of two of his appraisers and exhibits of changes in the zoning ordinance produced by the City Clerk of the City of New Castle which tended to show that this residential property could reasonably be expected to be re zoned from a residential to a…