2010

City of Roanoke v. Stegall

Virginia Circuit Court

81 Va. Cir. 256

Roanoke Redevelopment and Housing Authority filed petition to condemn Stegalls’ property. On that property was a billboard owned and maintained by Lamar Company, LLC. Lamar intervened in the proceeding. The Authority and the Stegalls settled the case for $2,900,000 and the Authority sought to dismiss the proceeding in accordance with Va. Code § 25.1-248. The Authority had agreed to assume the lease with Lamar. Lamar objected to the dismissal, as it sought a hearing on damages to the future leasehold, believing that the Authority would not continue future renewals. Court denied the motion to dismiss. The code section did not apply. It was intended for unilateral dismissal when the condemnor was foregoing its action to condemn. Such dismissal could not be used to deny an intervenor’s right to be heard.

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