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STATE EX REL. HENSON v. W.VA. DOT

No. 24897.

506 S.E.2d 825 (1998)

203 W.Va. 229

STATE of West Virginia ex rel. Mervin HENSON and Karen Henson, Petitioners below, Appellants, v. WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Respondent below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1998.

Dissenting Opinion of Justice Starcher July 17, 1998.

Attorney(s) appearing for the Case

Kathleen T. Pettigrew, Masters & Taylor, L.C., Charleston, for Appellants.

William T. Rice, Charleston, for Appellee.

PER CURIAM:1

The appellants, Mervin and Karen Henson, appeal a September 11, 1997 order of the Circuit Court of Kanawha County that dismissed the appellants' petition for a writ of mandamus to compel the appellee West Virginia Department of Transportation ("DOT") to institute eminent domain proceedings. The appellants argue that the circuit court erred in granting the appellee's motion to dismiss and erred in failing to issue the writ...

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