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GRILL v. WEST VIRGINIA R.R. MAINT. AUTH.

No. 20480.

423 S.E.2d 893 (1992)

188 W.Va. 284

Elva Kathleen GRILL, Charles G. Engelhart, and Virginia Holt Engelhart, Plaintiffs Below, Appellees, v. WEST VIRGINIA RAILROAD MAINTENANCE AUTHORITY, a Public Corporation; and Robert Trocin, as Commissioner of the West Virginia Department of Commerce, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 13, 1992.

Attorney(s) appearing for the Case

Charles E. Barnett, Kay, Casto, Chaney, Love & Wise, Charleston, for appellees.

Jan L. Fox, Deputy Atty. Gen., Charleston, for appellants.

John M. Hedges, Charleston, for amici curiae Elk River Rails-To-Trails Foundation, Inc., Mountain State Wheelers Bicycle Club, Inc., North Bend Rails-To-Trails Foundation, Inc., West Virginia Rails-To-Trails Council, Greenbrier River Ass'n, Inc., Greenbrier River Watershed Ass'n, Inc., Monongahela River Trails Conservancy, Ltd., and West Virginia Scenic Trails Ass'n, Inc.

PER CURIAM:

The defendants, the West Virginia Railroad Maintenance Authority, a public corporation, and Robert Trocin, Commissioner of the Department of Commerce, appeal an order of the Circuit Court of Kanawha County which granted the plaintiffs' motion for summary judgment. The case involves a civil action instituted to determine the ownership of a 100-foot wide strip of land which is part of what is commonly known as the Greenbrier River Trail. The defendants contend...

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