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BOARD OF SUP'RS v. PARSONS

Record No. 920923.

428 S.E.2d 905 (1993)

BOARD OF SUPERVISORS OF PRINCE WILLIAM COUNTY, Virginia v. Kenneth F. PARSONS, Kathleen E. Parsons and 117.83 Acres of Land.

Supreme Court of Virginia.

April 16, 1993.

Attorney(s) appearing for the Case

Sharon E. Pandak, County Atty. (Angela M. Lemmon, Asst. County Atty., on brief), for appellant.

Robert J. Zelnick, Woodbridge (Szabo, Quinto, Zelnick & Erickson, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.

POFF, Senior Justice.

The principal question before us in this appeal is whether a condemnor has the right under Code § 25-46.34(b) to withdraw a condemnation proceeding after the lapse of the 30-day period for the filing of a notice of appeal fixed in Rule 5:9(a). The chronology of events in the course of two trials is crucial to our consideration of that question.

In a petition filed January 16, 1990, the Board of County Supervisors of Prince William...

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