State Ex Rel. Dunn v. Griffith

I respectfully dissent from the Courts’ conclusions in this proceeding.

I think that the relators are entitled to a writ of mandamus as hereinafter stated. The question presented in this proceeding is cognate to the question which was before this Court in the case of State v. Bouchelle, 137 W. Va. 572, 73 S. E. 2d 432.

In the Bouchelle case, the Circuit Court of Kanawha County was prohibited from requiring the state to amend its petition in a proceeding in eminent domain. The facts presented in the case of State v. Bouchelle, supra, disclose that there were three parcels of land adjacent to…