Legal Opinion

United States v. McConnell

District Court, W.D. Virginia

Decided June 12, 1985No. Civ. A. No. 81-0222-BPublished

1Opinion of the Court

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

Plaintiff filed this suit alleging that defendants trespassed upon lands owned by the United States of America (USA) granted to USA by deed dated April 1, 1936 by Virginia Coal and Iron Company. Jurisdiction is pursuant to 28 U.S.C. § 1345. USA seeks declaratory relief asserting that it is the fee simple owner of the property in dispute and moves that defendants (1) be required to remove fences, signs and other encroachments to the property, (2) pay damages for cutting trees and (3) be permanently enjoined from encroaching on the land.…

2Cases cited4 opinions

  1. Taylor v. FombySupreme Court of Alabama · 1897
  2. Newkirk v. PorterSupreme Court of North Carolina · 1953
  3. West Virginia Pulp & Paper Co. v. J. Natwick & Co.West Virginia Supreme Court · 1941
  4. Green v. PenningtonSupreme Court of Virginia · 1906

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