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RUSSELL v. COM.

Record No. 001558.

544 S.E.2d 311 (2001)

Johnny C. RUSSELL, et al. v. COMMONWEALTH TRANSPORTATION COMMISSIONER of Virginia.

Supreme Court of Virginia.

April 20, 2001.

Attorney(s) appearing for the Case

Joseph L. Lyle, Jr., Virginia Beach (H. Ronnie Montgomery, Jonesville; Waldo & Lyle; Montgomery & Hines, on briefs), for appellants.

Todd E. LePage, Assistant Attorney General (Mark L. Earley, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; James F. Hayes, Senior Assistant Attorney General; John S. Bundy; Joe D. Pippin; Bundy, Mcelroy & Hodges, on brief), for appellee.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and LEMONS, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice.

The issue in this case is the admissibility of a prior tax evaluation of property being condemned to impeach the credibility of the property owners' appraiser.

The Commonwealth Transportation Commissioner (the Commonwealth) filed eminent domain proceedings to acquire a 39.125-acre parcel of land owned by Johnny C. and Phyllis Russell (the Russells) in Lee County.. At trial, the Russells sought to qualify Ed Stacy, the sole proprietor...

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