STATE EX REL. DEPT. OF TRANSP. v. TUCKER

No. 18-1012.

824 S.E.2d 534 (2019)

STATE of West Virginia EX REL. WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, Division of Highways, Petitioner v. Honorable Susan B. TUCKER, Judge of the Circuit Court of Monongalia County; Mileground Development Industries, Inc.; Frontier West Virginia, Inc.; The City of Morgantown, West Virginia; Insite Mediacom 2, LLC; First Community Bank; EAN Holdings, LLC; Wholesale Tire, Inc.; Bison WV, LLC; and Sheriff/Treasurer of Monongalia County, Respondents

Supreme Court of Appeals of West Virginia.

Filed: February 27, 2019.


Attorney(s) appearing for the Case

Michael J. Folio, Esq. , Travis S. Haley, Esq. , West Virginia Department of Transportation, Division of Highways, Charleston, West Virginia, Counsel for Petitioner.

Debra A. Bowers, Esq. , Matthew D. Elshiaty, Esq. , KAY CASTO & CHANEY PLLC, Morgantown, West Virginia, Counsel for Respondent Mileground Development Industries Inc.

James V. Kelsh, Esq. , Michael C. Cardi, Esq. , BOWLES RICE LLP, Morgantown, West Virginia, Counsel for Respondent The City of Morgantown.

Stephen J. Golder, Esq. , JENKINS FENSTERMAKER, PLLC, Huntington, West Virginia, Allison J. Farrell, Esq. , JENKINS FENSTERMAKER, PLLC, Clarksburg, West Virginia, Counsel for Respondent EAN Holdings, LLC.

William J. O'Brien, Esq. , Lauren K. Turner, Esq. , Kylie D. Barnhart, Esq. , STEPTOE & JOHNSON PLLC, Bridgeport, West Virginia, Counsel for Respondent Wholesale Tire, Inc.


The West Virginia Department of Transportation, Division of Highways (DOH) filed petitions in the Circuit Court of Monongalia County to condemn private property for use in expansion of a highly-trafficked road and moved for immediate right of entry and transfer of defeasible title. Although all parties agreed that the condemnation...

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