FANTASIA v. SCHMUCK

No. 19189.

395 S.E.2d 784 (1990)

Nicola FANTASIA, Appellant, v. Cora M. SCHMUCK, Appellee.

Supreme Court of Appeals of West Virginia.

July 11, 1990.


Attorney(s) appearing for the Case

Ross Maruka, Fairmont, W.V., for Nicola Fantasia.

J. Scott Tharp, Tharp, Liotta & Janes, Fairmont, for Cora M. Schmuck.


PER CURIAM:

This case is before us pursuant to an appeal by the petitioner to an order entered by the Honorable Fred L. Fox II, Circuit Judge of Marion County. In such order, the court found that the petitioner had planted a hedge fence on approximately two feet of respondent's property, but that his entry onto the respondent's property to plant and maintain such fence had been with the implied permission of the respondent. Therefore, the petitioner was not entitled...

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