Retail Designs, Inc. v. West Virginia Division of Highways

DAVIS, Justice:

The West Virginia Division of Highways and several other private businesses appeal an order of the Circuit Court of Nicholas County granting a permanent injunction to close an access road into the One-Gateway shopping center, located in Summersville, West Virginia, on the grounds that it was constructed for a private purpose and that it caused a servitude upon the land of an adjoining shopping center, owned by Retail Designs, Incorporated, by virtue of increased traffic traversing the Retail Designs’ parking lot. We find that, pursuant to W. Va.Code § 17-4-47(a) (1963) (Repl.…