LEGUM v. HARRIS


135 S.E.2d 125 (1964)

205 Va. 99

Edward LEGUM v. Howard Hugh HARRIS, State Highway Commissioner.

Supreme Court of Appeals of Virginia.

March 9, 1964.


Attorney(s) appearing for the Case

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

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

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


BUCHANAN, Justice.

Edward Legum, appellant, filed in the court below his petition for a writ of mandamus to compel the State Highway Commissioner, appellee, to institute and conduct condemnation proceedings to ascertain the damages to his building, alleged to have been caused by the construction of an underpass at the intersection of Tidewater Drive and Little Creek Road, in the city of Norfolk.

The petition alleged that in constructing the underpass the appellee...

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