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STATE EX REL. TETER v. STATE ROAD COMMISSION

No. 12743.

166 S.E.2d 757 (1969)

STATE ex rel. John C. TETER et al. v. STATE ROAD COMMISSION of West Virginia et al.

Supreme Court of Appeals of West Virginia.

Decided March 25, 1969.

Attorney(s) appearing for the Case

Bonn Brown, Elkins, Louis R. Tabit, Montgomery, for relators.

John E. Busch, Jr., Elkins, for respondents.

BERRY, Judge.

This is a proceeding in mandamus instituted under the original jurisdiction of this Court by the petitioners John C. Teter and Gladys M. Teter to compel the respondent the State Road Commissioner to institute condemnation proceedings against them to ascertain the damage which they allege was caused to their property by the construction of a new highway adjacent thereto, causing the casting of a body of water onto their premises. The rule in mandamus...

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