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HESSE v. STATE SOIL CONSERV. COMMITTEE

No. CC878.

168 S.E.2d 293 (1969)

Hobart W. HESSE et al. v. STATE SOIL CONSERVATION COMMITTEE et al. (two cases).

Supreme Court of Appeals of West Virginia.

Decided June 17, 1969.

Attorney(s) appearing for the Case

Rogers & Hott, Donald C. Hott, Keyser, for plaintiffs.

Chauncey H. Browning, Jr., Atty. Gen., Thomas P. O'Brien, Jr., Asst. Atty. Gen., Charleston, for defendants.

CAPLAN, Judge:

This matter is before the Court on certification from the Circuit Court of Mineral County. The plaintiffs, Hobart W. Hesse and Muriel F. Hesse, his wife, are the owners of a tract of land in Mineral County, containing approximately 202 acres. A small stream known as Whipp's Run flows through their property. Adjacent to and above the Hesse land on Whipp's Run is a 109 acre tract of land owned by the State Soil Conservation Committee. The Committee granted...

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