Lexington Land Co., LLC v. Howell

Appellant, a Deputy Commissioner of Delinquent and Nonentered Lands, appointed by the authority of the West Virginia State Auditor, appeals the lower court’s grant of mandamus in favor of appellee Lexington Land Company, LLC (“Lexington”). Lexington had purchased several properties at a sale conducted by the Deputy Commissioner, but later learned that the properties were nonexistent or erroneously assessed. Lexington sought a refund of the purchase money paid for these properties, but was unsuccessful until the lower court granted a writ of mandamus commanding the Deputy Commissioner to…