West Virginia Department of Transportation v. Contractor Enterprises, Inc.

PER CURIAM.1

The West Virginia Department of Transportation through its Division of Highways filed a condemnation proceeding in Logan County seeking to condemn property owned by the appellant, Contractor Enterprises, Inc. In circuit court the appellant challenged the proceeding claiming that the property to be condemned was not necessary to accomplish a public purpose. The circuit court denied the appellant’s motion to dismiss and appellant’s motion for a permanent injunction. Appellant appeals the circuit court decision denying both motions.

For the reasons stated infra, we affirm.

I

The…