Ratino v. Hart

John M. Ratino appeals the August 2, 1991 order entered by the Circuit Court of Harrison County granting summary judgment in favor of Donald R. McNemar and his wife, Judith A. McNemar. Mr. Ratino, the appellant, had previously filed a complaint against Mr. and Mrs. McNemar, the appellees, 1 contending that they had committed “unlawful detainer” of a right-of-way claimed by the appellant across the property of appellees in violation of W. Va. Code, 55-3-1 [1923]. 2 The trial court found that no genuine issue of material fact was presented, and, as a matter of law, the appellees were entitled…