Barker v. Division of Highways

Claimants brought this action for damage to their residential property. The Court heard the claim on June 9, 2010, after which the matter was taken under advisement. The Court has reviewed the entire record in this action, including the transcript of the hearing, and is now of the opinion that the claim should be denied.

Claimants reside at 112 Armory Road, which is located in Monaville, Logan County, West Virginia. Their one acre lot consists of the residence and certain other improvements, including an in-the-ground swimming pool. Island Creek crosses under Armory Road at that place and is…