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STATE EX REL. RICHMOND v. SANDERS

No. 35440.

697 S.E.2d 139 (2010)

STATE of West Virginia ex rel. RICHMOND AMERICAN HOMES OF WEST VIRGINIA, INC. and M.D.C. Holdings, Inc., Petitioners, v. Honorable David H. SANDERS, Judge of the Circuit Court of Jefferson County, Breeden Mechanical, Inc., J.S.C. Concrete, Inc., Kevin Joy, Loudon Valley Concrete, Inc., Modern Enterprises, Inc., North Star Foundations, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Niall A. Paul, Charles L. Woody, Spilman, Thomas & Battle, PLLC, Alvin L. Emch, Jackson Kelly, PLLC, Charleston, WV, for Petitioners.

Andrew C. Skinner, Laura C. Davis, Stephen G. Skinner, Skinner Law Firm, Charles Town, WV, for Respondents, Skinner Plaintiffs.

James Graham Bordas, III, Christopher J. Regan, Bordas & Bordas, PLLC, Wheeling, WV, for Respondents, Plaintiffs Kevin Joy, et al.

McHUGH, Justice:

This case is before the Court on a petition for a writ of prohibition. Two of the eight defendants below,1 Richmond American Homes of West Virginia, Inc. (hereinafter "Richmond") and M.D.C. Holdings, Inc., (hereinafter "MDC"),2 invoke the original jurisdiction3 of this Court in an effort to enjoin enforcement of the November 4, 2009, and November 18, 2009, orders...

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