West Virginia Department of Highways v. Cotiga Development Co.

This is an appeal by the West Virginia Department of Highways from an order of the Circuit Court of Mingo County entered in a condemnation proceeding setting aside a jury verdict of $40,000 in favor of the defendant, Cotiga Development Company, and awarding Cotiga a new trial. For the reasons set forth in this opinion, we reverse and reinstate the jury verdict.

The West Virginia Department of Highways brought an action to condemn certain land owned by Cotiga Development Company in Mingo County for the purpose of constructing a portion of the road known as Appalachian Corrodor “G”. The…