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STATE v. STATE ROAD COMMISSION

No. 12311.

136 S.E.2d 314 (1964)

STATE ex rel. Lola M. WOODS v. STATE ROAD COMMISSION of West Virginia et al.

Supreme Court of Appeals of West Virginia.

Decided May 19, 1964.

Attorney(s) appearing for the Case

Mahan, Higgins, Thrift & Graney, R. J. Thrift, Jr., Fayetteville, for relator.

Anthony G. Halkias, Benjamin A. Ritchie, Charleston, for respondents.

CALHOUN, Judge:

By this original proceeding in mandamus, Lola M. Woods, the petitioner, seeks to require Burl A. Sawyers, state road commissioner, to institute a proceeding in eminent domain to condemn for public use her "right to direct access" to Woodlawn Avenue from real estate owned by her in the City of Oak Hill in Fayette County. The case has been submitted to the Court for decision upon the petition; an answer and a demurrer to the petition; the testimony of...

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