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STATE HIGHWAY & TRANSP. COM'R v. DONELSON

Record No. 781808.

273 S.E.2d 814 (1981)

STATE HIGHWAY AND TRANSPORATION COMMISSIONER of Virginia v. Elmer L. DONELSON et al.

Supreme Court of Virginia.

January 16, 1981.

Attorney(s) appearing for the Case

John S. Morris, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., John S. Bundy, White, Elliott & Bundy, Bristol, on briefs), for appellant.

Hugh P. Cline, Norton, (Cline, McAfee & Adkins, Norton, on brief), for appellees.

Before CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

THOMPSON, Justice.

In this appeal we are called upon to decide whether evidence of the amount of gross sales of a business operated on condemned property is admissible in a condemnation proceeding to show the fair market value of the property taken. The land in question is a .13-acre tract located in Russell County. Situated upon the parcel was a "fast-food" drive-in restaurant known as the "Frosty-Bossie." Both the land and appurtenant restaurant were owned by Elmer...

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