Commonwealth Transportation Commissioner v. Klotz, Inc.

By JUDGE WILLIAM H. LEDBETTER, JR.

The Transportation Commissioner of Virginia (the Commissioner) has filed a petition seeking permission to amend the certificate dated October 21, 1987, in connection with the acquisition of certain land owned by the defendants (Klotz). Klotz moved to dismiss the petition, and arguments were heard on October 28, 1991.

No evidence was presented at the October 28th hearing. Based upon representations of counsel, it appears that the funds represented by the certificate have been drawn down but that no written agreement as to compensation has been executed, and no…