Town of Front Royal v. Mims

By JUDGE HENRY H. WHITING

The Town claims that the property owner is estopped from claiming the value of the improvements made by the condemnor before it had any legal right to enter the premises in this condemnation action because he has previously sued the Town for trespassing in the erection of these improvements and also to require the removal of the sewer line. Nothing further is alleged to have been done by the property owner beyond the filing of the motion for judgment in that law action.

The Town cites a number of cases in support of its claim of estoppel; they are inapposite. Suffice…