Taylor v. Miller

Miller, Justice:

This case presents several questions involving the finality of orders in an eminent domain proceeding . Relator Carl O. Taylor seeks a writ of mandamus to compel the State to pay him the amount awarded by a jury. The State contends mandamus will not lie because there is no final order. Both parties agree that under the law, mandamus will not lie to compel the State to pay an eminent domain award unless there is a final order and the appeal time has expired. State ex rel. Judy v. Kiger, 153 W.Va. 764, 172 S.E.2d 579 (1970); State ex rel. Cassinelli v. Bassett, 148 W.Va. 697,…