1993

Bd. of Supervisors v. Parsons

Supreme Court of Virginia

245 Va. 489, 428 S.E.2d 905

Board sought to acquire 117.83 acres from Parsons for a landfill. At trial, commissioners awarded $3,425,000, and final order was entered on that amount. Board appealed as excessive, and the execution of the compensation order was stayed. Supreme Court denied petition for appeal. Twenty days later, Board moved to withdraw petition as cost of the property was too high. Trial court denied motion as untimely. Supreme Court ruled that under the statute in effect at that time, a condemner had only the thirty days in which an appeal could be noted to withdraw a petition. The fact that the final order granted a supersedeas only affected the enforceability, not the finality, of the order appealed from. The thirty days had long since expired by the time the petition for appeal was denied. Interest on the award at the judgment rate started upon the denial by the Supreme Court. Affirmed in part, modified in part, and final judgment.

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