Berkeley Development Corp. v. Hutzler

Berry, Chief Justice:

The appellant, Hunter Hutzler, seeks a reversal of a judgment of the Circuit Court of Berkeley County per manently enjoining him from entering on or across the lands of the appellee, Berkeley Development Corporation.

The parties are owners of adjacent tracts of real estate located in Gerrardstown District, Berkeley County, West Virginia. In 1972, the Berkeley Development Corporation acquired its 550 acre tract and began to develop it as a recreational, residential subdivision. By deed dated August 10, 1943, Mr. Hunter Hutzler purchased his 105 acre tract which, subsequent…