Mills v. Van Kirk

CLECKLEY, Justice:

The intervenors below and appellants, Philip Keller and Donna J. Keller, appeal an order granting summary judgment in favor of the plaintiff below and appellee, Roscoe Mills. This case concerns the proper interpretation of W.Va.Code, 17-2A-19 (1988), which provides for the disposition of certain turnpike and railroad properties. The inter-venors and Fred Van Kirk, in his official capacity as Commissioner of the West Virginia Division of Highways (Commissioner), the defendant below and appellee, argue that W.Va.Code, 17-2A-19, requires abutting landowners be given a right of…