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A & M PROPERTIES v. NORFOLK SOUTHERN CORP.

No. 24744.

506 S.E.2d 632 (1998)

203 W.Va. 189

A & M PROPERTIES, INC., Plaintiff Below, Respondent, v. NORFOLK SOUTHERN CORPORATION and Norfolk Southern Railway Company, a Subsidiary of Norfolk Southern Corporation, Defendants Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1998.

Dissenting Opinion of Justice Starcher September 30, 1998.

Attorney(s) appearing for the Case

Tracey B. Dawson, Steptoe & Johnson, Martinsburg, West Virginia, Attorney for the Respondent.

Clarence E. Martin, III, Martin & Seibert, Martinsburg, West Virginia, Attorney for the Petitioners.

McCUSKEY, Justice:

This certified question comes before the Court upon the petition of Norfolk & Western Railway Co., defendants in a suit in the Circuit Court of Jefferson County. Respondent had commenced a civil suit in the Circuit Court of Jefferson County seeking declaratory judgement that it had obtained a prescriptive easement across active railroad trackage owned in fee simple by the Petitioner, thereby creating a private railroad grade crossing. The circuit...

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