The Register-Herald, Beckley, West Virginia - Testimony concludes in Mabscott annexation trial

Mon, Nov 09 2009

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Published: May 30, 2008 10:10 pm

Testimony concludes in Mabscott annexation trial

By Michelle James
Register-Herald reporter

The evidence portion of the civil trial regarding Mabscott’s proposed annexation of a portion of Robert C. Byrd Drive wrapped up Friday in Raleigh County Circuit Court.

Filed on behalf of Gray Lumber Co. and other businesses that would be affected by the annexation, the suit disputes the validity of the original petition to annex the less than one mile stretch of highway that runs through MacArthur and Crab Orchard.

After listening to several witnesses Thursday who accused Mabscott officials of misleading and coercing them into signing the petition, Judge H.L. Kirkpatrick heard two final witnesses called Friday by Jim Sheatsley, attorney for Gray Lumber.

Denzil Cook, who at the time of the petition in 2004 owned a used car lot in the annexation area, testified that although his name appeared on the petition it was not his signature.

“I didn’t sign this,” Cook said, looking at the petition.

Echoing witnesses from Thursday’s proceedings, business owner Max Priddy testified Mabscott Mayor Wayne Houck approached him several times in 2004, asking him to sign the petition and informing him the area would be annexed by either Beckley or Mabscott.

Beckley Mayor Emmett Pugh, testifying Thursday, denied any plans to annex the area.

Sheatsley and Mabscott’s attorney, Floyd Sayre, now have 30 days to submit to Kirkpatrick additional information. Kirkpatrick will then decide whether to dismiss the petition or allow Mabscott to proceed with the annexation.

— E-mail: mjames@register-herald.com

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