The Register-Herald, Beckley, West Virginia

Local News

August 26, 2009

Ronceverte annexation lawsuit dismissed

By Tina Alvey

LEWISBURG — Greenbrier County Circuit Judge James J. Rowe ruled Monday that a group of Organ Cave residents had no standing to sue Ronceverte over an annexation. Accordingly, he dismissed the civil suit filed by Robert A. Doering, et al.

In his 11-page written opinion, Rowe said the court could not determine that the petitioners in the case were indeed freeholders of property affected by the annexation of the Stoney Glen development and the roads leading to it.

During a hearing Aug. 18, four deeds were entered into evidence purporting to show ownership of the land underlying the roadways by the petitioners.

But the court could only find language in two of those deeds “that would seem to suggest that the property owner owned land under the pubic road,” according to the ruling. Rowe found the deeds alone were insufficient proof of ownership.

The court further ruled that, even if the petitioners were proven to be owners of the land in question, they would not necessarily have standing to file suit. Citing a 1955 case heard by the state Supreme Court of Appeals, Rowe wrote, “(T)here is only a minute possibility that the state would ever discontinue its use of the roadway in question. If and until that ever happens, the owners of the property under the roadway are merely entitled to the same enjoyment of that roadway as the rest of the public.”

Rowe further held that, even if he acknowledged some of the petitioners own two pieces of property that were annexed, they still would not have been due any advance notice by Ronceverte of the annexation. State Code simply requires that a majority of the freeholders of the additional territory file a petition to be annexed, and West Virginia Farm Properties LLC, and a couple identified in court documents only as “the Baylesses,” who among them own three properties in Stoney Glen, did so petition the city.

Finally, the judge ruled the petitioners presented no “real evidence” of injury caused by the annexation.

William Turner, attorney for the petitioners, said, “We feel it’s unfortunate that the courthouse doors have been closed to citizens who have been so affected by this annexation. We do disagree with the ruling.”

Turner noted a hearing is scheduled for Friday regarding his attempt to revitalize the lawsuit by adding Ronceverte residents to the list of petitioners.

He said his clients are waiting for that “final, final ruling” before deciding on whether to file an appeal.

— E-mail: talvey@register-herald.com

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