STATE EX REL. WEST VIRGINIA DEPT. OF TRANS. v. REED

Nos. 11-1358, 11-1360.

724 S.E.2d 320 (2012)

STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Petitioner v. Honorable Jeffrey B. REED, Judge of the Circuit Court of Wood County; Randall Rapp; Lloyd Pannell; and Robin Pannell, Respondents. and State of West Virginia ex rel. West Virginia Department of Transportation, Division of Highways, Petitioner v. Honorable Jeffrey B. Reed, Judge of the Circuit Court of Wood County, and C. Matthew Jones, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 10, 2012.


Attorney(s) appearing for the Case

Leah R. Chappell , Adams, Fisher & Chappell, Ripley, WV, for Petitioner.

Robert L. Bays , Bowles Rice McDavid Graff & Love, PLLC, Parkersburg, WV, for Respondents, Lloyd Pannell, Robin Pannell, and C. Matthew Jones.

William Crichton , Crichton & Crichton, Parkersburg, WV, Andrew C. Woofter , Parkersburg, WV, for Respondent, Randall Rapp.


DAVIS, Justice:

This proceeding, brought under the original jurisdiction of this Court, involves two consolidated petitions for writs of prohibition filed by the West Virginia Department of Transportation, Division of Highways (hereinafter referred to as "DOH"). In both petitions, DOH seeks to have this Court prohibit enforcement of orders entered by the Circuit Court of Wood County in two condemnation proceedings. The orders challenged require DOH to turn over to...

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