STATE HIGHWAY COMMISSIONER v. FRAZIER


203 S.E.2d 350 (1974)

214 Va. 556

STATE HIGHWAY COMMISSIONER of Virginia v. Lyle E. FRAZIER et al.

Supreme Court of Virginia.

March 4, 1974.


Attorney(s) appearing for the Case

Andrew P. Miller, Atty. Gen., Walter A. McFarlane, David T. Walker, Asst. Attys. Gen., on brief, for appellant.

No brief filed on behalf of appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.


PER CURIAM.

The sole assignment of error on this appeal granted the appellant, State Highway Commissioner of Virginia, in an eminent domain proceeding, is that the trial court erred in setting aside, on the ground of gross inadequacy, the award of the commissioners and ordering a rehearing of the case before a new panel of commissioners.

On August 12, 1971, appellant filed a petition under Title 33.1, Chapter 1, Article 7,1 of...

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