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KENE CORPORATION v. HARRIS

139 S.E.2d 61 (1964)

205 Va. 619

KENE CORPORATION v. Howard Hugh HARRIS, State Highway Commissioner.

Supreme Court of Appeals of Virginia.

November 30, 1964.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk (Fine, Fine, Legum, Schwan & Fine, Norfolk, on brief), for plaintiff in error.

M. Ray Johnston, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Paul D. Stotts, Asst. Atty. Gen., on brief), for defendant in error.

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

SPRATLEY, Justice.

The State Highway Commissioner having determined that it was necessary to acquire a certain portion of land owned by Birdie Lee Beem for the construction of Hampton Roads Bridge and Tunnel Project D-4, entered into negotiations with the owner. Project D-4 called for the construction of an underpass at the junction of Little Creek Road and Tidewater Drive in the city of Norfolk. On March 7, 1957, Mrs. Beem and her husband executed an "option-agreement...

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