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DOT v. CEI

No. 33869.

672 S.E.2d 234 (2008)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, Division of Highways, A State Agency, Petitioner Below, Appellee v. CONTRACTOR ENTERPRISES, INC. and THE SHERIFF OF LOGAN COUNTY, Respondents Below Contractor Enterprises, Inc., Appellant.

Supreme Court of Appeals of West Virginia.

Decided: November 14, 2008.

Dissenting Opinion of Chief Justice Maynard December 16, 2008.

Dissenting Opinion of Justice Benjamin January 9, 2009.

Attorney(s) appearing for the Case

Robert B. Paul, Esq., Anthony Halkias, Esq., Legal Division, WV Department of Transportation, Charleston, for Appellee.

James M. Cagle, Esq., Law Office of James M. Cagle, Charleston, for Appellant.

A.L. Emch, Esq., Laurie Miller, Esq., Jackson Kelly, PLLC, Charleston, for Amicus Curiae Contractors Association of West Virginia.

PER CURIAM.1

The West Virginia Department of Transportation through its Division of Highways filed a condemnation proceeding in Logan County seeking to condemn property owned by the appellant, Contractor Enterprises, Inc. In circuit court the appellant challenged the proceeding claiming that the property to be condemned was not necessary to accomplish a public purpose. The circuit court denied the appellant's motion to dismiss and appellant...

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