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WEST VIRGINIA DIV. OF HIGHWAYS v. BUTLER

No. 25791.

516 S.E.2d 769 (1999)

205 W.Va. 146

The WEST VIRGINIA DIVISION OF HIGHWAYS, a Corporation, Petitioner Below, Appellee, v. Jack BUTLER and the Nicholas County Sheriff/Treasurer, Respondents Below, Jack Butler, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1999.

Attorney(s) appearing for the Case

G. Alan Williams, Esq., West Virginia Division of Highways, District Attorney, Lewisburg, West Virginia, Attorney for the Appellee.

William C. Martin, Esq., Cooper and Martin, Sutton, West Virginia, Attorney for Butler.

MAYNARD, Justice:

This is an appeal from a final order of the Circuit Court of Nicholas County which entered judgment for the appellant, Jack Butler,1 in the total sum of $26,600.00 which was the sum returned by the jury at the close of eminent domain proceedings as just compensation for land taken by the appellee West Virginia Department of Transportation, Division of Highways.2 The appellant raises three...

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