State ex rel. McCormick v. Miller

The appellants in this proceeding, Clarence McCormick and his wife, petitioned the Circuit Court of Kanawha County to mandamus the Department of Highways to condemn a portion of their land in Kana-wha County. The circuit court found that they had failed to show that they were entitled to mandamus relief and denied the petition. After examining the record we conclude that the writ of mandamus should have been issued, and we reverse the decision of the circuit court.

In 1972 the Department of Highways placed rock fill around one of the abutments of a public highway bridge crossing the Elk River…