West Virginia Eminent Domain Law
 

West Virginia Lottery v. A-1 Amusement, Inc.

Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Rosetta McDaniel v. West Virginia Division of Highways

Petitioners Rosetta and Randy McDaniel appeal the circuit court’s order denying their petition for writ of mandamus against respondents, the West Virginia Division of Highways (“DOH”) and its commissioner. Petitioners filed a petition for appeal and a reply brief by their attorney, Vincent Trivelli. Respondents filed a response brief by their attorney, Eric B. Hudnall. This Court has conside... More...    $0 (03-20-2012 - WV)

Michael Bills v. Patsy A. Hardy

Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources (“DHHR”) that Petitioner was not eligible for the Mentally Retarded/DevelopmentallyDelayed Home and Community-Based Waiver Program(“Waiver Program).”1 As grounds for his appeal, Mr. Bills asserts error bas... More...    $0 (11-18-2011 - WV)

RIVER RIDERS, INC., and MATTHEW KNOTT, Petitioners V. THE HONORABLE THOMAS W. STEPTOE, ALL PLAINTIFFS IN THE CHRISTOPHER et al v. RIVER RIDERS, INC., CIVIL ACTION NO. 06-C-328, AND ALL PLAINTIFFS IN FREEMAN CIVIL ACTION NO. 06-C-325, Respondents

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...    $0 (12-10-2008 - WV)

Frank A. Savarese v. Allstate Insurance Company, et al.

In the instant matter, Appellant Frank A. Savarese (hereinafter “Mr. Savarese”) seeks reversal of the Circuit Court of Ohio County's October 11, 2006, Memorandum Opinion and Order dismissing, without prejudice, this first party bad faith action, pursuant to West Virginia Code § 56-1-1(c)(2003), for lack of subject matter jurisdiction. After thorough consideration of the arguments of the parti... More...    $0 (09-26-2008 - WV)

Charleston Urban Renewal Authority v. Barbara Selman

The Charleston Urban Renewal Authority sued Barbara Selman on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in a 12,182-square-fott parking lot owned by her across the street from the Clay Center to be used by the Charleston Area Alliance to create a park called "Gateway Greenspace" at the northeast corner of Washington & Leon Sullivan Way. Sul... More...    $520000 (12-13-2007 - WV)

Kanawha County School Board v. Beldon and Clara Huston

The Kanawha County School Board sued Beldon and Clara Huston on an eminent domain theory to acquire their home by condemnation to use for expansion of Sissonville school. The Hustons were initially awarded $305,000 but sought nearly a million in compensatory damages for the 48 acre parcel acquired by the School.... More...    $507350 (09-20-2007 - WV)

In Re: Desarae M., Destiny M. and Britney M.

This is an appeal by Shannon R. (See footnote 1) (hereinafter "Appellant") from a final order of the Circuit Court of Hampshire County terminating her parental rights to her three children, Britney, Destiny, and Desarae M. (See footnote 2) The Appellant appeals that termination order to this Court, alleging that the lower court committed several reversible errors. Upon thorough evaluati... More...    $0 (12-18-2003 - WV)

Georgia Poling, Jessica Poling and Deidre Poling v. Pre-Paid Legal Services, Inc. and John A. Farmer

1. "A circuit court's entry of summary judgment is reviewed de novo." Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994).

2. "'A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.' Syllabus Point 3, Aetna Casualty ... More...    $0 (11-27-2002 - WV)

Jack Butler v. West Virginia Division of Highways

Eminent Domain Condemnation - The West Virginia Department of Transportation Division of Highways acquired the right to take 3.665 acres of Jack Butler's 20 acre undeveloped tract through eminent domain proceeding in order to widen an adjacent state highway. The parties disputed the value of the 3.665 acres to be taken. Butler presented expert testimony valuing the property as $70,000.00 per acr... More...    $26600 (03-01-1998 - WV)

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