Legal Opinion

Bansbach v. Harbin

West Virginia Supreme Court

Decided June 12, 2012No. 11-0355PublishedCited by 10 opinions

1Opinion of the Court

McHUGH, Justice:

Petitioners Robert P. and Rickie Bansbach seek relief from the January 28, 2011, order of the Circuit Court of Marion County denying their motion for a preliminary injunction and dissolving a previously-issued temporary injunction.1 Petitioners sought injunctive relief in connection with allegations that their neighbors, Respondents2 Daniel Harbin and *289Mary Fanok, were engaging in conduct which constituted both a nuisance and harassment. After taking evidence on this matter,3 the trial court ruled that Petitioners had failed to demonstrate that Respondents’ conduct constituted…

2Cases cited15 opinions

  1. Cohen v. CaliforniaSupreme Court of the United States · 1971
  2. Burgess v. PorterfieldWest Virginia Supreme Court · 1996
  3. Frank v. Environmental Sanitation Management, Inc.Supreme Court of Missouri · 1985
  4. Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
  5. State Ex Rel. McGraw v. Imperial MarketingWest Virginia Supreme Court · 1996

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3Cited by10 opinions

  1. Nancy MYRICK v. PECK ELECTRIC COMPANY, D/B/A Peck Solar, Encore Middlebury Solar I, LLC and Encore Redevelopment, LLC Dale Hastings and Jess Whitney v. Solarcommunities, Inc., D/B/A Suncommon, Sun CSA 6, LLC and Helios Solar, LLCSupreme Court of Vermont · 2017
  2. Alex D. Rahmi v. Sovereign BankWest Virginia Supreme Court · 2013
  3. Callihan v. Surnaik Holdings of WV, LLCDistrict Court, S.D. West Virginia · 2018
  4. Eugene M. Wilson v. Polino Enterprises, Inc.West Virginia Supreme Court · 2018
  5. Frank D. Unger v. Roane County CommissionIntermediate Court of Appeals of West Virginia · 2025

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