Poling v. Department of Highways

West Virginia Court of Claims

Poling v. Department of Highways

15 Ct. Cl. 37

CourtWest Virginia Court of Claims

DecidedOctober 21, 1983

DocketCC-80-264

StatusPublished

This text of 15 Ct. Cl. 37 (Poling v. Department of Highways) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Poling v. Department of Highways, 15 Ct. Cl. 37 (W. Va. Super. Ct. 1983).

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Opinion

PER CURIAM:

This claim was submitted for decision upon written stipulation based upon the following facts. Claimants are the owners of real property located in Tucker County, West Virginia. Prior to July 3, 1979, respondent had maintained the road adjacent to claimants’ property, under the designation of Tucker County Secondary Route 17/7. During maintenance of the roadway, which respondent believed was Route 17/7, respondent damaged claimants’ property and fences. Claimants brought an action for declaratory judgment in the Circuit Court of Tucker County, alleging that the alternate road was Route 17/7 and the road adjacent to claimants’ property was a private road. On July 3, 1979, the Circuit Court of Tucker County rendered a judgment for the claimants.

The parties have agreed that $500.00 is a fair and equitable estimate of the damages sustained by the claimants. In view of the foregoing, the Court grants an award of $500.00 to claimants.

Award of $500.00.

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PER CURIAM:

This claim was submitted for decision upon written stipulation based upon the following facts. Claimants are the owners of real property located in Tucker County, West Virginia. Prior to July 3, 1979, respondent had maintained the road adjacent to claimants’ property, under the designation of Tucker County Secondary Route 17/7. During maintenance of the roadway, which respondent believed was Route 17/7, respondent damaged claimants’ property and fences. Claimants brought an action for declaratory judgment in the Circuit Court of Tucker County, alleging that the alternate road was Route 17/7 and the road adjacent to claimants’ property was a private road. On July 3, 1979, the Circuit Court of Tucker County rendered a judgment for the claimants.

The parties have agreed that $500.00 is a fair and equitable estimate of the damages sustained by the claimants. In view of the foregoing, the Court grants an award of $500.00 to claimants.

Award of $500.00.

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Bluebook (online)

15 Ct. Cl. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poling-v-department-of-highways-wvctcl-1983.