Legal Opinion · Concurrence

State Highway & Transportation Commission v. Cardinal Realty Co.

Supreme Court of Virginia

Decided November 26, 1986No. Record No. 830901Published

1ConcurrenceRussell, J.

I concur in the result. The trial judge had the opportunity to observe the prospective commissioners and to evaluate their responses to voir dire examination in light of the circumstances surrounding the trial. The challenges for cause fell within the trial court’s sound discretion, and there is no evidence that its discre*439tion was abused. Nevertheless, I am concerned that this Court’s opinion, if read too broadly, might be interpreted as approving the seating of commissioners who have an ongoing business relationship with either the condemnor or the condemnee. As a general proposition, I…

2Cases cited3 opinions

  1. Chairman of Highway Commission v. FletcherSupreme Court of Virginia · 1929
  2. May v. CrockettSupreme Court of Virginia · 1961
  3. State Highway & Transportation Commissioner v. GarlandSupreme Court of Virginia · 1982

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