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FIRST BANK AND TRUST CO. v. COM. TRANSP.

Record No. 010592.

559 S.E.2d 633 (2002)

263 Va. 451

FIRST BANK AND TRUST COMPANY, v. COMMONWEALTH TRANSPORTATION COMMISSIONER OF VIRGINIA.

Supreme Court of Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Richard D. Kennedy (Sturgill & Kennedy, on briefs), Wise, for appellant.

Nancy C. Auth, Assistant Attorney General (Randolph A. Beales, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; Todd E. LePage, Assistant Attorney General; Wade W. Massie; Penn Stuart, on brief), for appellee.

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

Opinion by Senior Justice ROSCOE B. STEPHENSON, JR.

The dispositive issue in this appeal in an eminent domain proceeding is whether the trial court erred in the per se disqualification of all customers of the landowner from serving as commissioners.

I

On November 24, 1997, the Commonwealth Transportation Commissioner of Virginia (the Commonwealth) condemned, as part of a project to improve an interstate...

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