State Ex Rel. Wiley v. State Road Commission

Berry, President:

This is a proceeding in mandamus instituted under the original jurisdiction of this Court. The petitioners, Henry L. Wiley and Betty L. Wiley, seek to compel Burl A. Sawyers, State Road Commissioner of West Virginia, to institute condemnation proceedings to ascertain damages, if any, due petitioners for an alleged denial to them of direct access to a relocated section of U. S. Route 60 in the vicinity of Rand, Kanawha County, West Virginia.

A rule to show cause as to why the relief prayed for should not be granted was issued on July 31, 1963, returnable to September 4, 1963,…