Flowers v. City of Morgantown

Caplan, Justice:

This is an appeal from an order entered in the Circuit Court of Monongalia County on December 14, 1977 dismissing the appellants’ complaint for failure to state a claim upon which relief can be granted.

In their complaint filed January 3, 1977, the appellants, Robert and Norma Flowers, allege that they own a parcel of real estate in Morgantown upon which is situate their commercial building, Davidson Brothers Garage. Two public streets, owned and maintained by the City of Morgantown, abut the appellants’ property. The appellants allege that by reason of their ownership of…