Jack W. Lawson and Mary Ann Lawson, Below v. State of Delaware, Upon the Relationship of the Secretary of The…

Summary

The court held that DelDOT violated the Real Property Acquisition Act by initiating condemnation proceedings based on an appraisal that failed to account for the proposed driveway's effect on the property's highest and best commercial use. Because DelDOT did not establish a valid excuse for that noncompliance, the court reversed and vacated the Superior Court's orders and remanded for dismissal of the condemnation action without prejudice.