COX v. STATE

Nos. 22484, 22485.

460 S.E.2d 25 (1995)

194 W.Va. 210

Jacqueline Bennett COX, Plaintiff Below, Appellee v. STATE of West Virginia, Defendant Below, Department of Natural Resources, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1995.

Concurring Opinion of Justice Cleckley June 23, 1995.


Attorney(s) appearing for the Case

John W. Cooper and Lori M. Hood, Cooper & Preston, Parsons, for appellee.

Darrell V. McGraw, Jr., Atty. Gen. and Stephen R. Van Camp, Deputy Atty. Gen., Charleston, for appellant.


PER CURIAM:

The Division of Natural Resources of the State of West Virginia appeals an order of the Circuit Court of Tucker County granting Jacqueline Bennett Cox summary judgment and also sanctioning the State by striking the State's pleadings, which resulted in judgment on the pleadings. Ms. Cox sued the State to quiet title to an 105.21 acre tract located in Canaan Valley State Park. After the State failed to respond...

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