Shobe v. Latimer

McGraw, Justice:

This case, on appeal from a final judgment of the Circuit Court of Kanawha County, involves a declaratory judgment action instituted pursuant to the provisions of West Virginia’s Uniform Declaratory Judgments Act, W.Va. Code § 55-13-1, et seq. [1941] and R.C.P. 57, against a state officer and a local public service district to obtain a declaration of rights as to a stream of water located in Grant County, West Virginia.

The plaintiffs below brought a class action 1 seeking a declaratory judgment that a water contract between the West Virginia Department of Natural Resources and…