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SCHERICH v. WHEELING CREEK WATERSHED

No. 19-1065.

855 S.E.2d 912 (2021)

Orange SCHERICH, Margaret Scherich, Thomas Scherich, and Bertha Scherich, Petitioners, v. WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION COMMISSION, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: March 15, 2021.

Attorney(s) appearing for the Case

Webster J. Arceneaux, III, Esq. , James C. Stebbins, Esq. , Ramonda C. Marling, Esq. , James M. Becker, Esq. , Lewis Glasser PLLC, Charleston, West Virginia, David C. Hook, Esq. , Hook & Hook, Counsel for Petitioners.

Christian E. Turak, Esq. , Gold, Khourey & Turak, L.C., Moundsville, West Virginia, Counsel for Respondent.

Orange Scherich, Margaret Scherich, Thomas Scherich, and Bertha Scherich1 ("Petitioners") appeal the Circuit Court of Marshall County's final order dismissing the underlying eminent domain action. In 1990, the Wheeling Creek Watershed Protection and Flood Prevention Commission2

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