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BAUER ENTERPRISES, INC. v. CITY OF ELKINS

No. 15894.

317 S.E.2d 798 (1984)

BAUER ENTERPRISES, INC., An Ohio Corporation v. CITY OF ELKINS, West Virginia, A West Virginia Municipal Corporation.

Supreme Court of Appeals of West Virginia.

Decided March 6, 1984.

Rehearing Denied July 11, 1984.

Attorney(s) appearing for the Case

James F. Cain, Elkins, for appellant.

Thomas R. Ross, II, Elkins, for appellee.

PER CURIAM:

The appellant, Bauer Enterprises, Inc., filed a declaratory judgment action against the City of Elkins in the Circuit Court of Randolph County on July 14, 1982. The purpose of the suit was to determine the various property rights of the parties with respect to a street in Elkins, West Virginia, known as Cole Avenue. The lower court found that the disputed portion of Cole Avenue was a public street. On appeal, the appellant asserts that the court erred...

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