Court Rules Delaware Must Pay Landowners' Legal Fees - 47 ABC - Delmarva's Choice

Court Rules Delaware Must Pay Landowners' Legal Fees

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MIDDLETOWN, Del. (AP) - Delaware's Supreme Court has ruled that the state's Department of Transportation must pay legal and other fees for a Middletown couple who successfully challenged an attempt to condemn their property for a highway project.
    
The state's high court found Wednesday that state law "clearly contemplates" that the reimbursement rule applies to reasonable attorney, appraisal and engineering fees incurred in a condemnation challenge.
    
The decision follows a Supreme Court ruling last year against the agency's condemnation of the property for the Route 301 project. In the earlier ruling, justices found the agency relied on a flawed appraisal in paying $133,000 for 1.5 acres of a 10-acre plot owned by Jack and Mary Ann Lawson.
    
The case has been sent back to Superior Court to determine what the Lawsons are owed.


(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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