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LYNCH v. COM. TRANSP. COM'R

Record No. 970278.

495 S.E.2d 247 (1998)

Edwin W. LYNCH, Jr., v. COMMONWEALTH TRANSPORTATION COMMISSIONER, et al.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Robert J. Zelnick (Szabo, Zelnick & Erickson, on briefs), Woodbridge, for appellant.

James F. Hayes, Senior Assistant Attorney General (Richard Cullen, Attorney General; John Paul Woodley, Jr., Deputy Attorney General, on brief), for appellee Commonwealth Transportation Commissioner.

Grady C. Frank, Jr., Alexandria (Steven T. Webster; Hazel & Thomas, Falls Church, on brief), for appellee First Union National Bank of Virginia.

Present: CARRICO, C.J., COMPTON, HASSELL, KEENAN, KOONTZ and KINSER, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice:

The issue in this sequel to a condemnation proceeding involves a landowner's liability for refund of that amount of the sum previously deposited with the court by the condemning authority and withdrawn by the landowner that exceeded the amount of the subsequent award.

The Commonwealth Transportation Commissioner (the Commissioner) planned to take 9.270 acres of a larger tract of approximately...

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