STATE v. STATE ROAD COMMISSION

Nos. 12198-12200.

129 S.E.2d 831 (1963)

STATE ex rel. Warren FRENCH and Betty Sue French, His Wife, Virgil French and Ruth French, His Wife, and Warren French, Virgil French and W. C. Combs d/b/a French and Combs, v. STATE ROAD COMMISSION of West Virginia, a Corporation, and Burl A. Sawyers, State Road Commissioner of West Virginia. STATE ex rel. Ida Mae FRENCH (Widow of D. W. French), Estelle (French) Elkins and Eugene Elkins, Her Husband, Betty Jean French, Single, Warren French and Betty Sue French, His Wife, Virgil French and Ruth French, His Wife, and Mose Pitzer d/b/a Pitzer Machine Shop (Tenant), v. STATE ROAD COMMISSION of West Virginia, a Corporation, and Burl A. Sawyers, State Road Commissioner of West Virginia. STATE ex rel. Warren FRENCH and Betty Sue French, His Wife, v. STATE ROAD COMMISSION of West Virginia, a Corporation, and Burl A. Sawyers, State Road Commissioner of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided February 26, 1963.


Attorney(s) appearing for the Case

David D. Ashworth, Leo Bridi, Beckley, for relators.

L. Eugene Dickinson, Charleston, for respondents.


CALHOUN, Judge.

These three proceedings in mandamus, involving similar factual situations and similar legal principles, have been briefed and argued together and will be considered in a single opinion. In the mandamus proceedings the relators allege that their real estate has been damaged by the state road commission in connection with a project for the widening and improvement of a specified state highway in Raleigh County, which project was completed about March...

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