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TACO BELL OF AMERICA v. COM. TRANSP. COM'R

Record No. 092465.

710 S.E.2d 478 (2011)

282 Va. 127

TACO BELL OF AMERICA, INC. v. COMMONWEALTH TRANSPORTATION COMMISSIONER of Virginia.

Supreme Court of Virginia.

June 9, 2011.

Attorney(s) appearing for the Case

L. Steven Emmert ( Joseph T. Waldo ; Stephen J. Clarke ; Sykes, Bourdon, Ahern & Levy, Virginia Beach; Waldo & Lyle, Norfolk, on briefs), for appellant.

Christopher D. Eib , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Jo Anne P. Maxwell , Senior Assistant Attorney General; A. Strode Brent, Jr. ; Whitestone, Brent, Young & Merril, Fairfax, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and LACY and KOONTZ, S.JJ.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.

BACKGROUND

On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No. C-908012 in the amount...

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