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FUGATE v. FOX

Record No. 751016.

230 S.E.2d 245 (1976)

Douglas B. FUGATE, Commissioner of the Department of Highways and Transportation v. W. Tarrant FOX.

Supreme Court of Virginia.

November 24, 1976.

Attorney(s) appearing for the Case

John J. Beall, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., J. Westwood Smithers, Jr., Asst. Atty. Gen., on brief), for appellant.

Russell Nash Brahm, III (Hundley, Taylor & Glass, Richmond, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

CARRICO, Justice.

In a motion for declaratory judgment filed pursuant to Code § 8-581.1, the plaintiff, W. Tarrant Fox, alleged that he was the owner of 0.24 acre of land bordering the Mattaponi River in King William County. He further alleged that the defendant, Douglas B. Fugate, Commissioner of the Department of Highways and Transportation, had taken the land for highway purposes without paying the plaintiff compensation...

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