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STATE EX REL. DEPT. OF TRANSP. v. BURNSIDE

No. 15-1112.

790 S.E.2d 265 (2016)

STATE of West Virginia EX REL. WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Petitioner v. The Honorable Robert A. BURNSIDE, Jr., Judge of the Circuit Court of Raleigh County, and MCNB Bank and Trust Co., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 13, 2016.

Attorney(s) appearing for the Case

Leah R. Chappell , Adams, Fisher & Chappell, PLLC, Ripley, West Virginia, Counsel for the Petitioner.

David Allen Barnette , Vivian H. Basdekis , Jackson Kelly, PLLC, Charleston, West Virginia, Counsel for the Respondent.

In this original proceeding, the Division of Highways ("DOH") of the West Virginia Department of Transportation petitions for extraordinary relief, seeking in the underlying condemnation matter to prohibit enforcement of the circuit court's order requiring it to deposit $1,012,500 before it is granted right of entry and defeasible...

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