W.Va. Department of Transportation, Div. of Highways v. Douglas R. Veach

WALKER, Justice:

' Petitioner West Virginia Department of Transportation, Division ; of Highways (“DOH”), appeals the Circuit Court of Hardy County’s March 2, 2016 order granting summary judgment against DOH and awarding attorneys’ fees and costs to Respondents1 (“Veach Hems”) in this condemnation action.

In this appeal, DOH asserts that the circuit court erred by refusing to set aside a stipulation entered into by its. prior counsel that conceded ownership of limestone to the Veach Heirs as part of a mineral reservation. The DOH now contends that the Veach Heirs are not entitled to…