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EVANS v. SMYTH-WYTHE AIRPORT COM'N

Record No. 970016.

495 S.E.2d 825 (1998)

Edward H. EVANS, et al. v. SMYTH-WYTHE AIRPORT COMMISSION.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Stephen M. Hodges, Abingdon (Mark E. Frye; Penn, Stuart & Eskridge, Bristol, on briefs), for appellants.

Pamela Meade Sargent (John S. Bundy; White, Bundy, McElroy, Hodges & Sargent, on brief), Abingdon, for appellee.

Commonwealth of Virginia (Richard Cullen, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), amicus curiae, in support of appellee.

Present: All the Justices

HASSELL, Justice.

The narrow issue that we decide in this appeal is whether a judgment, which restricts an airport commission's power of eminent domain, is void.

Pursuant to Code §§ 5.1-31, et seq., the Counties of Smyth and Wythe and the Towns of Marion, Rural Retreat, and Wytheville created the Smyth-Wythe Airport Commission, which operates the Mountain Empire Airport in Smyth County.

In 1981, the Commission initiated condemnation...

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