Legal Opinion
State ex rel. Commissioner of the Department of Correction v. Rittenhouse
Superior Court of Delaware
Decided March 10, 1992PublishedCited by 1 opinion
1Opinion of the Court
OPINION
BARRON, Judge.
In this condemnation case, brought under 10 Del.C., ch. 61, the State, upon the relation of the Commissioner of the Department of Correction (State), has filed a Motion In Limine and memoranda in support of its Motion for an Order that its condemnation action constitutes a “total taking.” The State seeks a ruling that defendants may not offer evidence at trial on a “partial taking” theory, including damages to a parcel of land located across the street from the parcel being taken. Subsequently and in timely fashion, defendants John S. Rit-tenhouse and Thomas Brittingham,…
2Cases cited17 opinions
- Baetjer v. United StatesCourt of Appeals for the First Circuit · 1944
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- Warwick Musical Theatre, Inc. v. StateSupreme Court of Rhode Island · 1987
- Housing Authority of Newark v. Norfolk Realty Co.Supreme Court of New Jersey · 1976
- Wilmington Housing Authority v. HarrisSuperior Court of Delaware · 1952
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3Cited by1 opinion
- State ex rel. Commissioner of the Department of Correction v. RittenhouseSupreme Court of Delaware · 1993