Jenkins v. Johnson

This case turns on a question of an interpretation of Rule 60(b)(5) of the West Virginia Rules of Civil Procedure. In particular, it concerns whether the trial court was correct in modifying its August 28, 1980 order relating to the width of a right-of-way which runs across the plaintiffs’ property.

In 1979, the plaintiffs instituted a suit for trespass and declaratory relief against Alla-Ohio Coals (Alla). Alla owned a right-of-way for the use of a dirt road that passed over the plaintiffs’ property and led to a site owned by Alla called “Round Bottom.” The plaintiffs maintained that the…