1960

Dove v. May

Supreme Court of Virginia

201 Va. 761, 113 S.E.2d 840

Commissioner started eminent domain proceedings to construct road. Commissioner sought permission to relocate a family cemetery still in use. Trial court entered order approving the need to relocate the graves at Commissioner’s expense. Supreme Court dismissed the appeal. Trial court’s order was not a final order as commissioners had not been appointed, evidence had not been heard and a report on just compensation had not been returned. The writ of error had been improvidently awarded.

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