City of Huntington v. Frederick Holding Co.
West Virginia Supreme Court
Certified Questions from Circuit Court, Cabell County. Proceeding by the City of Huntington against the Frederick Holding Company and others for condemnation of land for widening a street. Motion to strike pleas sustained as to three of four pleas, and the propriety of such action certified to the Supreme Court of Appeals.
1Opinion of the Court
Ritz, Judge:
The petitioner by this proceeding seeks to condemn a strip of land on either side of one of its streets known as Fifth Avenue, for the purpose of widening the same. It is alleged in the petition that a large number of the property owners have agreed with the city to convey the land necessary to be taken from them for said purpose, but that the petitioner is unable to agree with the defendants here for the interest owned by them, making necessary this proceeding to acquire the same by exercising the power of eminent domain. Defendants demurred and moved to quash the petition, and…
2Cases cited2 opinions
- Pittsburg Hydro-Electric Co. v. ListonWest Virginia Supreme Court · 1911
- Chicago & Northwestern Railway Co. v. City of MorrisonIllinois Supreme Court · 1902
3Cited by12 opinions
- State Ex Rel. State Road Commission v. Professional Realty Co.West Virginia Supreme Court · 1959
- State Ex Rel. State Road Commission v. BouchelleWest Virginia Supreme Court · 1952
- State v. HornerWest Virginia Supreme Court · 1939
- Loretta Lynn Gomez v. Kanawha County CommissionWest Virginia Supreme Court · 2016
- Mr. Klean Car Wash, Inc. v. RitchieWest Virginia Supreme Court · 1978
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