CONCERNED LOVED ONES v. PENCE

No. CC993.

383 S.E.2d 831 (1989)

The CONCERNED LOVED ONES AND LOT OWNERS ASSOCIATION OF BEVERLY HILLS MEMORIAL GARDENS, an Unincorporated Association, by the Following Persons: Mary L. Martin KOON, Ruby Alice Tennant, Milton Cohen, Delores J. Lloyd, Mabel Riffle, William A. Dilgard, Joe Prudnick, Mabel Prudnick, Ruby Tennant and the Class of Members of Said Association; The Above Persons and Association as Representatives of the Class of Lot Owners in, Persons who are to be Buried in, and Relatives and Friends and Loved Ones of Those who are and are to be Buried in, Beverly Hills Memorial Gardens v. Richard PENCE, Individually and in his Capacity as President of Beverly Hills Memorial Garden, Inc.; Beverly Hills Memorial Garden, Inc., a Corporation; and Sandridge Coal Company, Inc., a Corporation.

Supreme Court of Appeals of West Virginia.

July 21, 1989.


Attorney(s) appearing for the Case

James M. Wilson, Richard M. Yurko, Jr., Clarksburg, for Pence and Beverly Hills Memorial Gardens, Inc.

Larry Harless, Thomas Rodd, Charleston, for Concerned Loved Ones and Lot Owners Ass'n of Beverly Hills Memorial Gardens.

Billy B. Atkins, Morgantown, for Sandridge Coal Co.


McHUGH, Justice:

This action is before the Court upon certified questions from the Circuit Court of Monongalia County. The plaintiffs are members of the Concerned Loved Ones and Lot Owners Association of Beverly Hills Memorial Gardens. The defendants are Richard Pence, Beverly Hills Memorial Gardens, Inc., and Sandridge Coal Company, Inc.

We have reviewed the arguments of the parties and all matters of record.1

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