Gooden v. Frisby

This appeal involves the validity of the circuit court’s order granting a motion to dismiss on behalf of the defendants in a civil action which involved a dispute as to the ownership of a roadway that runs between the plaintiffs’ and defendants’ properties. In an earlier case brought by the same parties, the circuit court had concluded that the roadway had not been abandoned, but is owned by the State of West Virginia and dismissed the action.

In the second suit filed in August, 1983, the plaintiffs claimed that a predecessor in title to the defendants, the Frisbys and the Pattersons, had…