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CROSS v. WATKINS

No. 10779.

90 S.E.2d 193 (1955)

Marvin CROSS and Martha Cross v. W. Merle WATKINS, Judge of the Circuit Court of Barbour County, West Virginia.

Supreme Court of Appeals of West Virginia.

Decided November 22, 1955.

Attorney(s) appearing for the Case

Dayton R. Stemple, Carol Nutter, Philippi, for relators.

E. Wayne Talbott, Philippi, for respondent The City of Belington, a Municipal Corporation.

LOVINS, President.

The City of Belington instituted a proceeding in condemnation, seeking to acquire a 132.28 acre tract of land belonging to Marvin Cross and Martha Cross, for the purpose of constructing a dam and impounding water incident to the installation of a water works-system for the City.

At the commencement of the proceeding, the landowners denied the right of the city to exercise the power of eminent domain by a plea in abatement and certain special...

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