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CITY OF STAUNTON v. ALDHIZER

179 S.E.2d 485 (1971)

211 Va. 658

CITY OF STAUNTON v. Ralph W. E. ALDHIZER et al.

Supreme Court of Appeals of Virginia.

March 8, 1971.

Attorney(s) appearing for the Case

Stuart H. Dunn, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., Robert A. Johnson, Asst. Atty. Gen., Benham M. Black, Lotz & Black, Staunton, on brief), for plaintiff in error.

Wayt B. Timberlake, Jr., Staunton (Timberlake, Smith & Thomas, Staunton, on brief), for defendants in error.

Present SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON and HARMAN, JJ.

HARRISON, Justice.

The City of Staunton filed its petition in the court below seeking to condemn 0.001 acres of land, a temporary easement over 0.039 acres and three buildings situate on the residue, owned by the defendants, Ralph W. E. Aldhizer and Eleanor M. Aldhizer. The land and easement were necessary for the improvement of Richmond Avenue, embraced in the Virginia Highway system as Route 250.

The area sought in fee contained 44 square feet, it being...

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