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GOMEZ v. KANAWHA COUNTY COM'N

No. 15-0342.

787 S.E.2d 904 (2016)

Loretta Lynn GOMEZ, Petitioner v. KANAWHA COUNTY COMMISSION, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 3, 2016.

Attorney(s) appearing for the Case

Shannon M. Bland, Esq. , Bland and Bland Attorneys at Law, Charleston, West Virginia, Counsel for the Petitioner.

Charles R. Bailey, Esq. , Kelly C. Morgan, Esq. , Daniel T. LeMasters, Esq. , Bailey & Wyant, P.L.L.C., Charleston, West Virginia, Counsel for Respondent.

Condemnation actions are sui generis, unique and peculiar, when considered against other civil actions. The West Virginia Constitution provides that, when land is taken or damaged for a public use, just compensation shall, "when required by either of the parties... be ascertained by an impartial jury of twelve...

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