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 - W.Va. Dep’t of Transp., Div. of Highways v. CDS Family Trust, LLC LOUGHRY, Chief Justice, concurring: While I agree with the majority’s decision that a new trial was required in this matter due to the improperly and heavily-weighted reliance on the market price of potential mitigation credits, I find it necessary to write separately to address my additional concern that trial courts need to properly marshal evidence that is adduced for purposes of valuing wetlands.…