The U.S. Supreme Court declined to hear a West Virginia eminent domain case. In Beacon Resources Inc. v. W. Virginia DOT, the trial court denied the West Virginia Department of Transportation's request for a jury instruction that compensation could not include any lost profits suffered by the condemnee. The jury awarded Beacon $24 million and the DOT appealed. The West Virginia Supreme Court vacated the award and remanded the case for a new trial stating the lower court erred in not giving the requested jury instruction. The condemnee appealed and the U.S. Supreme Court declined to hear the appeal.
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