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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES
RESIDENT JUDGE

SUSSEX COUNTY C OURTHO USE
ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947

August 17, 2006

William B. Wilgus, Esquire 221 East duPont Highway Millsboro, DE 19966

Mark F. Dunkle, Esquire Parkowski, Guerke and Swayze, P.A. 116 West Water Street P. O. Box 598 Dover, DE 19903

RE:

State of Delaware, upon the relationship of the Secretary of the Department of Transportation v. CEH/VWH Trust et al C. A. No. 06C-04-011 THG - Condemnation

Dear Counsel: On July 21, 2006, the Court entertained the State's Motion for an Order of Possession concerning .1548 acres of land sought to be condemned pursuant to the eminent domain authority of the State of Delaware. Together with the Notice of Intention to take possession, the State filed with this Court the sum of $17,600.00 based upon the State's estimated valuation of the property to be taken. On behalf of the Defendants, Mr. Wilgus opposed the State's application and complained that the methodology of the State's estimate of $17,600.00 was flawed. Subsequently, each of you has provided the Court your respective positions concerning this issue. This is the Court's decision granting the State's application and I am entering an Order of Possession.

William B. Wilgus, Esquire Mark F. Dunkle, Esquire Page 2 August 17, 2006 In making a decision concerning a writ of possession, the Court must look to 10 Del. C.

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