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HANSEN-GIER FAMILY TRUST v. HAYWOOD

No. 22-0422.

902 S.E.2d 174 (2024)

The HANSEN-GIER FAMILY TRUST OF APRIL 22, 2016, BY its Trustees, Carl C. HANSEN and Virginia M. Gier, Plaintiff Below, Petitioner, v. R. Michael HAYWOOD and Joann T. Haywood, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: May 24, 2024.

Attorney(s) appearing for the Case

Jonathan G. Brill, Esq., Jonathan G. Brill, PLLC, Romney, West Virginia, Counsel for Petitioner.

Jason R. Sites, Esq., Sites Law Firm, PLLC, Keyser, West Virginia, Counsel for Respondents.

Petitioner owns a residence near a shale pit. In the deed to Petitioner's predecessor in title, Respondents had reserved "the use of the shale pit ... for use on ingress and egress roads of the development property." When Petitioner tried to sell the residence and Respondents demanded access to the shale pit for the first time in...

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