STATE EX REL. ONE-GATEWAY v. JOHNSON

No. 28205.

542 S.E.2d 894 (2000)

208 W.Va. 731

STATE of West Virginia ex rel. ONE-GATEWAY ASSOCIATES, LLC, Petitioner, v. Honorable Gary L. JOHNSON, Judge of the Circuit Court of Nicholas County, Retail Designs, Inc., A Corporation, and the West Virginia Division of Highways, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 8, 2000.


Attorney(s) appearing for the Case

Stephen R. Crislip, Esq., Jackson & Kelly, Charleston, West Virginia, Attorney for Petitioner.

Daniel F. Ryan, Esq., Pro Hac Vice, Campbell, Hornbeck, Chilcoat & Veatch, Columbus, OH, James D. Kauffelt, Esq., Kauffelt & Kauffelt, Charleston, West Virginia, Attorneys for Retail Designs.

Anthony G. Halkias, Esq., Jeffrey J. Miller, Esq., Legal Division, West Virginia Department of Transportation, Charleston, West Virginia, Attorneys for WV Division of Highways.


PER CURIAM:

This case is before the Court upon a petition for writ of prohibition filed by One-Gateway Associates, LLC to prohibit the enforcement of the December 20, 1999 order entered by the Honorable Gary L. Johnson, Judge of the Circuit Court of Nicholas County, which granted injunctive relief to respondent Retail Designs, Inc. Specifically, the order required the West Virginia Department of Highways to permanently close to all traffic an access road which connects...

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