1998

City of Virginia Beach v. Giant Square Shopping Ctr. Co.

Supreme Court of Virginia

255 Va. 467, 498 S.E.2d 917

City instituted eminent domain proceeding against Giant, and at trial, City moved to strike one of the prospective commissioners as not being impartial. That potential commissioner had used one of Giant’s current partners as an appraiser, was a client of Giant’s attorney and previously had land acquired by the City through condemnation. City moved to strike for cause, which was denied. Commissioners awarded a total of $464,700 which was confirmed by trial court. Supreme Court stated the issue of just compensation is to be determined by disinterested freeholders acting as commissioners. Trial court abused its discretion by refusing to dismiss this prospective commissioner from the panel. Reversed in part and remanded.

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