Legal Opinion
Shaffer v. West Virginia Department of Transportation, Division of Highways
West Virginia Supreme Court
Decided December 1, 2000No. 27446PublishedCited by 6 opinions
1Per curiam
Ms. Shaffer appeals an order of the Circuit Court of Jackson County that dismissed her complaint seeking a writ of mandamus to compel the West Virginia Department of Transportation, Division of Highways, to institute eminent domain proceedings for the purpose of ascertaining the damages, if any, caused to her property as a result of the construction of a storm water drainage system to serve the highways in the area of her home. We find that the circuit court erred in dismissing her complaint. Consequently, we reverse and remand for additional proceedings.
*675I.
FACTUAL AND PROCEDURAL HISTORY
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2Cases cited17 opinions
- State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
- State Ex Rel. Kucera v. City of WheelingWest Virginia Supreme Court · 1969
- Lieving v. HadleyWest Virginia Supreme Court · 1992
- Ewing v. Board of EducationWest Virginia Supreme Court · 1998
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
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3Cited by6 opinions
- West Virginia Lottery v. A-1 Amusement, Inc.West Virginia Supreme Court · 2017
- Wade Painter v. David Ballard, WardenWest Virginia Supreme Court · 2016
- West Virginia Department of Transportation, Division of Highways v. NewtonWest Virginia Supreme Court · 2017
- WVDOT, WVDOH and Thomas J. Smith v. Victor Morton EcholsWest Virginia Supreme Court · 2019
- Wade Painter v. David Ballard, WardenWest Virginia Supreme Court · 2016
1 more not listed; retrieve them via the Exa API.