1959

Cape Charles v. Ballard Bros. Fish Co.

Supreme Court of Virginia

200 Va. 667, 107 S.E.2d 436

Town brought proceeding to condemn a right to dredge deep water channel through oyster bed leased by Ballard. Matter was heard by different commissioners three times. The first commission had a majority report of $11,385, and a minority award of $74,750. That was set aside on motion of Ballard. Second commissioners could not reach a decision. Third group awarded a total of $45,000. Town sought to have results of first commissioners approved, which trial court denied and confirmed third result. Supreme Court affirmed. First commissioners were given misleading instructions which were prejudicial to Ballard. Trial court properly approved third award.

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