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HARRISON CTY. BD. OF EDUC. v. TEN-A-COAL

No. 22491.

459 S.E.2d 349 (1995)

194 W.Va. 72

HARRISON COUNTY BOARD OF EDUCATION, A Public Body, Petitioner Below, Appellee, v. TEN-A-COAL COMPANY, A West Virginia Partnership, and Patrick H. Cunningham, One of Its General Partners; West Virginia State Tax Department; CB & T of Harrison County, Formerly Lowndes Bank; And Sheriff of Harrison County, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1995.

Attorney(s) appearing for the Case

David J. Romano, Debra V. Hook, Law Offices of David J. Romano, Clarksburg, for Harrison County Bd. of Educ.

Charles G. Johnson, Bowles Rice McDavid Graff & Love, Charleston, for Ten-A-Coal/Cunningham.

Thomas W. Kupec, Clarksburg, for CB & T.

PER CURIAM:

This is an appeal by Ten-A-Coal Company and Patrick H. Cunningham, one of its general partners (hereinafter "the Appellants") from a November 5, 1993, order of the Circuit Court of Harrison County denying the Appellants' motion for a new trial in a condemnation action. The Harrison County Board of Education (hereinafter "the Board") petitioned the lower court to condemn a 37.7-acre tract owned by the Appellants for public use as the site for a new school...

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