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CHOICE LANDS, LLC v. TASSEN

No. 33878.

685 S.E.2d 679 (2008)

224 W.Va. 285

CHOICE LANDS, LLC, a West Virginia Limited Liability Company, Plaintiff Below, Appellant v. Nondus TASSEN, Individually and as Executrix for the Estate of Billy L. Tassen, and Kenneth Jones and Joyce Jones, Defendants Below, Appellees Nondus Tassen, Individually and as Executrix for the Estate of Billy L. Tassen, Third Party Plaintiff Below, Appellee v. Old Colony Company and Betty P. Sargent, Third Party Defendants.

Supreme Court of Appeals of West Virginia.

Decided November 19, 2008.

Attorney(s) appearing for the Case

Richard J. Bolen, Huddleston Bolen LLP, Huntington, WV, for the Appellant.

R. Lee Booten, II, Huntington, WV, for the Appellees, Kenneth Jones and Joyce Jones.

PER CURIAM:1

In this appeal, Choice Lands, LLC (hereinafter "Choice Lands"), challenges two related orders of the Circuit Court of Cabell County involving an easement across property the company owns. The first order, entered July 20, 2006, granted judgment on the pleadings in favor of two of the defendants below, Kenneth and Joyce Jones (hereinafter referenced collectively as the "Joneses").2 Thereafter Choice...

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