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STRAHIN v. LANTZ

No. 22099.

456 S.E.2d 12 (1995)

193 W.Va. 285

James Albert STRAHIN; Daniel Ray Strahin, an Infant, by Willa Strahin, His Guardian; Richard Newman and Freda Newman; and Clovis Newman and Beulah Newman, Plaintiffs Below, Appellants v. Vonda Lee LANTZ, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 17, 1995.

Attorney(s) appearing for the Case

Robert J. Shostak, Sowash, Carson & Shostak, Athens, OH, and Patrick C. McGinley, Morgantown, for appellants.

G.W. Morris II, Morris & Morris, Philippi, for appellee.

CLECKLEY, Justice:

In this property case involving the use of an easement by prescription, the appellants and plaintiffs below, James Strahin, et al., brought suit to enjoin the appellee and defendant below, Vonda Lee Lantz, from locking a gate to the road which accesses their property. They appeal an order of the Circuit Court of Barbour County entered June 30, 1993, which held the prescriptive easement was extinguished due to abandonment.1

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