SUBCARRIER COMMUNICATIONS, INC. v. NIELD

No. 32752.

624 S.E.2d 729 (2005)

218 W.Va. 292

SUBCARRIER COMMUNICATIONS, INC. A New Jersey Corporation, Plaintiff Below, Appellee, v. Ronald E. NIELD, John B. Lusk, Patrick Lee Nield, and LL & N Investments, LLC, A West Virginia Limited Liability Company, Defendants and Third-Party Plaintiffs Below, Appellants, v. Neil A. REED and The County Commission of Preston County, A West Virginia Statutory Commission, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: December 1, 2005.


Attorney(s) appearing for the Case

Robert S. Kiss, Camden P. Siegrist, Heather G. Harlan, Bowles Rice McDavid Graff & Love LLP, Charleston, for the Appellant.

William J. Leon, William J. Leon, L.C., Morgantown, for Appellee Subcarrier Communications, Inc.


Justice DAVIS delivered the Opinion of the Court.

DAVIS, Justice.

In this action to set aside a tax deed, the holders of the tax deed appeal summary judgment in favor of the landowner. In granting summary judgment and setting aside the tax deed as void, the circuit court found that, based upon the undisputed facts, there was no question that after the purchase of the tax lien, the tax lienholder failed to exercise due diligence in obtaining the landowners...

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