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WACHTER v. FOWLER

No. 16438.

367 S.E.2d 220 (1988)

H. Ford WACHTER and W. Thomas Biggert, etc., Plaintiffs Below, Appellants, v. Harry FOWLER and Virginia Fowler and John L. Marple and Virginia L. Marple, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

March 11, 1988.

Attorney(s) appearing for the Case

Richard G. Gay, Berkeley Springs, for H. Ford Wachter and W. Thomas Biggert.

Lacy Rice, Joan Casale, Martinsburg, for Fowlers.

David H. Savasten, Berkeley Springs, for Marples.

PER CURIAM:

This case is before the Court upon the appeal of H. Ford Wachter and W. Thomas Biggert, trustees for Tower Acres Joint Venture, from a declaratory judgment order entered by the Circuit Court of Morgan County which found, among other issues, that a certain road in Morgan County is a private road. The appellants contend the circuit court erred as a matter of law since they had established that the road was publicly travelled for more than ten years, and...

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