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TOWN OF CAPE CHARLES v. BALLARD BROTHERS FISH CO.

107 S.E.2d 436 (1959)

200 Va. 667

TOWN OF CAPE CHARLES, Virginia, a Municipal Corporation, v. BALLARD BROTHERS FISH COMPANY, Incorporated.

Supreme Court of Appeals of Virginia.

March 16, 1959.

Attorney(s) appearing for the Case

Benjamin W. Mears, Jr., C. A. Turner, Jr., Eastville (W. A. Dickinson, Roanoke, on brief), for plaintiff in error.

William King Mapp, Keller (Mapp & Mapp, Keller, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

BUCHANAN, Justice.

This is an eminent domain proceeding brought by the Town of Cape Charles, in Northampton county (referred to herein as the Town), to condemn a right or easement to dredge a deep water channel from Chesapeake Bay into Kings Creek through oyster grounds held by Ballard Brothers Fish Company, Inc. (herein called Ballard), under lease from the Commonwealth of Virginia.

Kings Creek is an estuary on the east side of the Chesapeake Bay. By Act...

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