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BAILEY v. SPANGLER

Record No. 141702.

771 S.E.2d 684 (2015)

Malva BAILEY v. Conrad SPANGLER, Director of the Virginia Department of Mines, Minerals and Energy.

Supreme Court of Virginia.

April 16, 2015.

Attorney(s) appearing for the Case

Henry E. Howell, III , Norfolk ( Benjamin L. Perdue ; J. Chapman Petersen ; Surovell, Isaacs, Petersen & Levy, Fairfax, Eminent Domain Litigation Group; on briefs), for plaintiff.

Matthew L. Gooch , Assistant Attorney General ( Mark R. Herring , Attorney General; John W. Daniel, II , Deputy Attorney General; Lynne C. Rhode , Senior Assistant Attorney General, on brief), for defendant.

Present: LEMONS, C.J., GOODWYN, MILLETTE, MIMS, POWELL, and KELSEY, JJ., and KOONTZ, S.J.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and our Rule 5:40, we accepted the following certified questions from the United States District Court for the Eastern District of Virginia:

(1) Did the enactment of Virginia Code section 55-154.21 in 1981...

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