W. Va. Dept. of Transportation, Div. of Highways v. CDS Family Trust, LLC

FILED November 14, 2017 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 16-1163 – West Virginia Department of Transportation, Division of Highways, a public corporation v. CDS Family Trust, LLC, a Delaware limited liability company Justice Ketchum, concurring: The trial judge did a yeoman’s job handling this novel and complex 1 condemnation case. Despite the trial judge’s Herculean efforts, I believe that the opinions of the landowner’s experts were speculative and misleading. The trial judge should have found that their testimony was…