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LEXINGTON LAND CO., LLC v. HOWELL

No. 30119.

567 S.E.2d 654 (2002)

211 W.Va. 644

LEXINGTON LAND COMPANY, LLC, A West Virginia Limited Liability Company, Petitioner Below, Appellee, v. Robert P. HOWELL, Deputy Commissioner of Delinquent and Nonentered Lands, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Lisa A. Hopkins, West Virginia State Auditor's Office, Charleston, West Virginia, for appellant.

O. Gay Elmore, Elmore & Elmore, Charleston, West Virginia, for appellee.

PER CURIAM.

Appellant, a Deputy Commissioner of Delinquent and Nonentered Lands, appointed by the authority of the West Virginia State Auditor, appeals the lower court's grant of mandamus in favor of appellee Lexington Land Company, LLC ("Lexington"). Lexington had purchased several properties at a sale conducted by the Deputy Commissioner, but later learned that the properties were nonexistent or erroneously assessed....

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