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STATE EX REL. WARE v. HENNING

No. 30471.

569 S.E.2d 436 (2002)

212 W.Va. 189

STATE of West Virginia ex rel. Roger L. WARE, Petitioner, v. Honorable John L. HENNING, Jr., Judge of the Circuit Court of Randolph County, Randall L. Murphy, Mark Eaton, Dorothy Davenport, Wilton E. Williams, Jr., Trustees of Mountain View Conference, Seventh Day Adventist Church, a Religious Organization, and Don Jacko, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2002.

Attorney(s) appearing for the Case

David A. Sims, Esq., Gregory R. Tingler, Esq., Law Offices of David A. Sims, Elkins, for Petitioner.

Stephen G. Jory, Esq., Jory & Smith, Elkins, for Respondents Murphy, et al.

PER CURIAM.

The relator in this original proceeding in prohibition, Roger L. Ware, entered into a contract to sell the Elkins Seventh Day Adventist Church a parcel of land and an abutting right-of-way. Subsequently the relator, who was having difficulty complying with certain provisions of the contract, and who believed that the contract was void because it had not been executed by a party having authority under the law to act for a religious group, refused to convey...

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