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HOWELL v. STATE HIGHWAY COM'N

No. 89-CC-0772.

573 So.2d 754 (1990)

Don W. HOWELL and Jimmy D. Howell v. STATE HIGHWAY COMMISSION OF MISSISSIPPI.

Supreme Court of Mississippi.

Rehearing Denied February 6, 1991.

Attorney(s) appearing for the Case

Dexter C. Nettles, Jr., Smith Smith & Nettles, Carthage, for appellants.

A.R. Wright, Jr., Wright & Phillips, Carthage, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and SULLIVAN, JJ.

SULLIVAN, Justice, for the Court:

This cause comes on appeal from the Special Court of Eminent Domain, Leake County, Mississippi, Edward A. Williamson presiding. On September 24, 1985, the State Highway Commission of Mississippi (Highway Commission) filed an application seeking to condemn a portion of a lot owned by Don W. Howell and Jimmy D. Howell (the Howells) in order to widen Highway 16 in Carthage, Mississippi. The property was taken pursuant to the "Quick Take...

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