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SMITH v. CHESTNUT RIDGE STORAGE, LLC

No. 19-1076.

855 S.E.2d 332 (2021)

Thomas W. SMITH, Thomas W. Smith, Administrator of the Estate of Elizabeth Anne Smith, Rachel Dickhut, Nancy Smith McGregor, Mary Smith Nelson, and Elizabeth Smith Arthur, Petitioners v. CHESTNUT RIDGE STORAGE, LLC, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: February 24, 2021.

Attorney(s) appearing for the Case

Wade W. Massie, Esq. , Penn, Stuart & Eskridge, Abingdon, Virginia, Stephen L. Thompson, Esq. , Barth & Thompson, Charleston, West Virginia, Counsel for Petitioners.

Karen Kahle, Esq. , Kahle Law Office, Wheeling, West Virginia, Counsel for Respondent.

Howard M. Persinger, III, Esq. , Persinger & Persinger, L.C., Charleston, West Virginia, Counsel for Amici West Virginia Land and Mineral Owners' Association, West Virginia Royalty Owners' Association, West Virginia Farm Bureau and National Association of Royalty Owners, Appalachia.

In this appeal of a circuit court's order denying Petitioners'1 motion for summary judgment, we consider whether Petitioners are immune from Respondent Chestnut Ridge Storage LLC's ("Chestnut Ridge") lawsuit pursuant to the litigation privilege and the Noerr-Pennington doctrine.

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