Legal Opinion

O'DANIELS v. City of Charleston

West Virginia Supreme Court

Decided July 15, 1997No. 23735PublishedCited by 22 opinions

1Opinion of the Court

STARCHER, Justice:

This action is an appeal of a circuit court order granting a writ of mandamus compelling the respondent City of Charleston (“City”) to remove fences which the petitioner below alleges blocks travel on a City street. Because the petitioner below failed to join the owner of the fences at issue, and because the circuit court’s order fails to define with specificity the boundaries of the City street, we reverse the circuit court’s order and remand the case for further proceedings.

I

Facts and Background

This dispute involves a dead-end City street known as Ledge Hill Drive. The…

2Cases cited9 opinions

  1. Staten v. DeanWest Virginia Supreme Court · 1995
  2. Crosier v. BrownWest Virginia Supreme Court · 1909
  3. State ex rel. West Virginia Highlands Conservancy, Inc. v. West Virginia Division of Environmental ProtectionWest Virginia Supreme Court · 1995
  4. Burns v. GoffWest Virginia Supreme Court · 1980
  5. Post v. WallaceWest Virginia Supreme Court · 1937

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Ewing v. Board of EducationWest Virginia Supreme Court · 1998
  2. Rollyson v. JordanWest Virginia Supreme Court · 1999
  3. Hensley v. West Virginia Department of Health & Human ResourcesWest Virginia Supreme Court · 1998
  4. Rice v. UnderwoodWest Virginia Supreme Court · 1998
  5. Stapleton v. Board of EducationWest Virginia Supreme Court · 1998

17 more not listed; retrieve them via the Exa API.

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