Justus v. Dotson

Neely, Justice:

The appellants filed this civil action in the Circuit Court of McDowell County to obtain a right-of-way to their property across appellee’s property. The controlling legal principles in this settled area of property law are uncomplicated, and they have been thoroughly discussed in the recent case of Berkeley Development Corp. v. Hutzler, W. Va., 229 S.E.2d 732 (1976). In this appeal we are primarily concerned with the application of those legal principles to the facts presented in context of a motion for summary judgment granted by the circuit court. We reverse.

In their…