Donald Cottle v. Mary Davis

KETCHUM, Justice:

The petitioner, Donald Cottle (“Cottle”), appeals from the order of the Circuit Court of Webster County denying him relief under Rule 60(b) of the West Virginia Rules of Civil Procedure from the circuit court’s July 9, 2014, order entered in favor of the respondent, Mary Davis (“Davis”). Cottle is the owner of a parcel within a larger tract of land owned by Davis in Glade District, Webster County. The focus of the controversy concerns a restrictive covenant in Cottle’s deed which states that the grantee [Cottle] “shall install no septic or sewage system of any kind, no septic…