STATE EX REL. STATE OF WV v. COOKMAN

No. 33095.

639 S.E.2d 693 (2006)

STATE of West Virginia ex rel. STATE OF WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a public corporation, and Fred Van Kirk, P.E., Secretary/Commissioner of Highways, Petitioners, v. The Honorable Donald H. COOKMAN, Judge of the Circuit Court of Hardy County and Fort Pleasant Farms, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided: December 1, 2006.

Dissenting Opinion of Justice Davis December 13, 2006.


Attorney(s) appearing for the Case

Clarence E. Martin, III, Martin & Seibert, L.C., Martinsburg, John D. Athey, Keyser, for Petitioner.

James D. Gray, Steptoe & Johnson, PLLC, Clarksburg, Ancil G. Ramey, Steptoe & Johnson, PLLC, Charleston, Oscar M. Bean, Bean & Bean, Moorefield, for Respondent Fort Pleasant Farms, Inc.


BENJAMIN, Justice.

Petitioners, West Virginia Department of Transportation, Division of Highways, and Fred VanKirk, Secretary/Commissioner of Highways [hereinafter collectively "DOT"], instituted this original jurisdiction proceeding by filing a Petition for Writ of Prohibition on April 24, 2006, seeking an order from this Court prohibiting the enforcement of an April 13, 2006, order issued by the Circuit Court of Hardy County. In its April 13, 2006, Order, the Circuit...

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