IN THE CIRCUIT COURT OF RALEIGH COUNTY,
WEST VIRGINIA
Civil Action No.: 23-C-151
Honorable Judge
H.L. Kirkpatrick, III
RALEIGH COUNTY BOARD OF EDUCATION, A subdivision of the State of West Virginia,
Petitioner,
v.
LEROY J. SORRELL, IDA ELIZABETH DAVIS, PATRICIA SCALES, DIANE WHITE OR THE HEIRS OF DIANE WHITE, MILDRED SORRELL OR THE HEIRS OF MILDRED SORRELL, Deceased, CHARLOTTE JOHNSON OR THE HEIRS OF CHARLOTTE JOHNSON, AND CALVIN COVINGTON OR THE HEIRS OF CALVIN COVINGTON,
Respondents.
ORDER FROM STATUS
CONFERENCE HELD JULY 13, 2023 CONFIRMING JUST
COMPENSATION AND
SETTING FURTHER HEARING FOR AUGUST 23, 2023 AT 9:00 A.M. REGARDING
DISTRIBUTION OF
CONDEMNATION PROCEEDS
On a prior day to wit: July 13, 2023 there appeared the Petitioner, Raleigh County Board of Education, by counsel, James R. Sheatsley. There also appeared, Pro Se the following parties in interest regarding the real estate subject to the above styled condemnation proceeding:
A. Patricia Scales – the owner of a 6/35 undivided interest in the subject real property.
B. Ida Elizabeth Davis – the owner of 6/35 undivided interest in the subject property.
C. Rodney Dean Sorrell – an heir of Leroy Sorrell (the said Leroy Sorrell being the owner of an undivided 6/35 undivided interest in the subject real property).
D. Bobby Gore – an heir of Mildred Sorrell (the said Mildred Sorrell being an owner of an undivided 6/35 undivided interest in the subject real property).
E. There also appeared Mr. Jessie Davis, spouse of Ida Elizabeth Davis.
The Court called the case noting that the hearing had been set in order to provide notice to parties having an interest in the subject real property to object to the calculation of just compensation in the amount of Twenty-One Thousand Dollars ($21,000.00) paid to the Circuit Clerk of Raleigh County by prior Order of this Court and/or to request further hearing before Special Commissioners as relates to that estimate of just compensation.
Mr. Bobby Gore addressed the Court on record with regard to the issues before the Court. The Court afforded then a brief recess to the individual Respondents present to confer with one another and, as appropriate, consult with counsel telephonically.
At the conclusion of said brief recess, the hearing was reconvened and each individual Respondent, Patricia Scales, Ida Elizabeth Davis, Bobby Gore and Rodney Dean Sorrell, stated on record that they were satisfied with the amount of just compensation, Twenty-One Thousand Dollars ($21,000.00), paid by the Petitioner to the Circuit Court.
The record also reflects that Sandre McDowell of Stone Mountain, Georgia, the owner of a 1/56 undivided interest in the subject property, had filed a written Pro Se pleading agreeing as to the value of just compensation by the Petitioner.
The Court FINDS that pursuant to Order entered June 6, 2023 following the most recent on June 1, 2023, the notice of the date and time of this status conference and purpose for this status conference was published in the Beckley Newspaper, a paper of general circulation, once per week for two (2) consecutive weeks.
The Court further FINDS, based upon the notice given, opportunity to respond provided to all potential Respondents, written pleadings filed and representations made in open Court, that the amount of just compensation to wit: Twenty-One Thousand Dollars ($21,000.00) previously paid by the Petitioner to the Circuit Clerk of Raleigh County, West Virginia is just compensation for the property condemned by the Petitioner pursuant to Court Order.
The Court further FINDS that there remains to be addressed the allocation or distribution of the just compensation paid by the Petitioner to the Court to or among parties in interest.
WHEREFORE, the Court is of the opinion to and does hereby ADJUDGE, ORDER and DECREE as follows:
1. This matter shall come on for further hearing on August 23, 2023 at 9:00 a.m. for a hearing to address allocation and distribution of the just compensation paid by the Petitioner to the Circuit Clerk of Raleigh County.
2. The Petitioner, by counsel, shall cause a publication to occur setting forth the contents of this Order in entirety and noticing the hearing for August 23, 2023 at 9:00 a.m.
3. The Petitioner, by counsel, shall participate in the hearing scheduled for August 23, 2023 at 9:00 a.m. with regard to the distribution of the proceeds that have been paid to the Circuit Clerk of Raleigh County.
Prepared for Entry By:
/s/ James R. Sheatsley
/s/ Amy Vickers Fritz
James R. Sheatsley (WVBN 3359)
Amy Vickers Fritz (WVBN 6682)
GORMAN, SHEATSLEY &
COMPANY
Po Box 5518 — 343 Prince Street
Beckley, WV 25801
Phone: (304) 252-5321