1958

Stanpark Realty Corp. v. Norfolk

Supreme Court of Virginia

199 Va. 716, 101 S.E.2d 527

Stanpark owned a 256 car parking facility and also leased some nearby properties. City wanted to widen street by twenty feet and condemn parking facility so City could provide off-street parking. Commissioners awarded $42,000 and Stanpark objected to trial court confirming award. Supreme Court affirmed in part, reversed in part and remanded. City owned parking was for public use, but statute in effect at that time required the municipality to show necessity for public use to the satisfaction of the court hearing the case. This requirement made the necessity showing a judicial rather than a legislative determination, with the burden of proof on the City. There was insufficient proof in the record that necessity was shown. Stanpark would also be entitled to a hearing on what damages should be allowed for its leasehold out of the award given its Lessor.

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