IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO: 24-C-733 HON. STEPHANIE ABRAHAM, JUDGE TOWN OF EAST BANK, WEST VIRGINIA, BY AND THROUGH ITS SANITARY BOARD, a municipal corporation, Petitioner, v. 234.55 SQUARE FEET OF PERMANENT EASEMENT 15 FEET WIDE AND 540.11 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT 30 FEET WIDE IN THE EAST BANK DISTRICT OF KANAWHA COUNTY, WEST VIRGINIA, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF GEORGE WILLIAM MCVEY, DECEASED, and MICHAEL L. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. ORDER OF PUBLICATION TO: The Unknown Heirs, Successors, and Assigns of George William McVey There is now pending in the Circuit Court of Kanawha County, West Virginia, the above-styled civil action (the “Civil Action”). Parties to the Civil Action are the Town of East Bank, West Virginia, acting by and through its Sanitary Board (the “Town”), as the Petitioner, and the unknown heirs, successors, and assigns of George William McVey, as the Respondents. Pursuant to its Verified Petition, the Town commenced the Civil Action to obtain by eminent domain an easement over, across, and through certain real property located in the East Bank District of Kanawha County, West Virginia, and identified more particularly as Tax Map 5, Parcel 32 (the “Subject Property”), for repairs, replacements, and upgrades to its sewage collection system by the exercise of its eminent domain authority. Respondents own an interest in the Subject Property but have not conveyed an easement to the Town and their whereabouts are not known and the heirs, successors, and assigns of George William McVey are not locatable. Accordingly, it is hereby ORDERED that the Respondents, the unknown heirs of George William McVey, must appear and serve upon the Town’s counsel, Evan G. Conard of the law firm Steptoe & Johnson PLLC, whose address is 707 Virginia Street East, Suite 600, Charleston, West Virginia, 25301, an Answer or other response to the Verified Petition filed in this action within thirty (30) days after the date of the first publication of notice; otherwise, judgment by default will be rendered against either of them at any time thereafter. A copy of the Verified Petition can be obtained from the Circuit Clerk’s office in the Kanawha County Judicial Building located at 111 Court Street, Charleston, West Virginia 25301. Entered: July 8, 2024 Cathy S. Gatson, Clerk Circuit Court of Kanawha County, West Virginia By: Deputy Clerk S. Witthrow LC-176745 07-10,17;2024
