STATE EX REL. McCORMICK v. MILLER

No. 15217.

297 S.E.2d 448 (1982)

STATE ex rel. Clarence McCORMICK, et al., etc. v. Charles MILLER, Commr., WVDOH, et al.

Supreme Court of Appeals of West Virginia.

October 29, 1982.


Attorney(s) appearing for the Case

Masters & Taylor and Barbara J. Keefer, Charleston, for appellants.

Daniel Duvall, Legal Division, West Virginia Dept. of Highways, Charleston, for appellees.


PER CURIAM:

The appellants in this proceeding, Clarence McCormick and his wife, petitioned the Circuit Court of Kanawha County to mandamus the Department of Highways to condemn a portion of their land in Kanawha County. The circuit court found that they had failed to show that they were entitled to mandamus relief and denied the petition. After examining the record we conclude that the writ of mandamus should have been...

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