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WEST VIRGINIA DEPT. OF TRANSP. v. NEWTON

No. 14-0428.

773 S.E.2d 371 (2015)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS and Paul A. Mattox, Jr., Secretary/Commissioner of Highways, Petitioners Below, Petitioners v. Margaret Z. NEWTON, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 13, 2015.

Attorney(s) appearing for the Case

Clarence E. Martin, III , Susan R. Snowden , Martin & Seibert, L.C., Martinsburg, WV, for Petitioners.

J. David Judy, III , Judy & Judy, Moorefield, WV, for Respondent.

This is an eminent domain appeal that was brought by the Petitioners, West Virginia Department of Transportation, Division of Highways and Paul A. Mattox, Jr., Secretary/Commissioner of Highways (collectively "DOH"), from an adverse judgment in the Circuit Court of Hardy County. In seeking a new trial, DOH has set out nine assignments...

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