1964

Hornback v. State Highway Comm’r


Supreme Court of Virginia
205 Va. 50, 135 S.E.2d 136
 

Commissioner sought to condemn property of landowners for construction of interstate highway. Before trial, landowners requested discovery of names and addresses of all appraisers of their property and the appraisal amounts. They also requested the written estimates and appraisals. Trial court quashed these discovery requests. Supreme Court affirmed. Under the statutes in effect at that time, the information sought was not essential to the landowners in the preparation and proof of their case. The opinions of Commissioner’s experts were not facts subject to discovery. The landowners were not hindered in any way in the preparation of their case by the denial of access to the opinions or testimony.

Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.


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