Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO: 24-C-725 HON. TERA L. SALANGO, JUDGE TOWN OF EAST BANK, WEST VIRGINIA, BY AND THROUGH ITS SANITARY BOARD, a municipal corporation, Petitioner, v. 16.71 SQUARE FEET OF PERMANENT EASEMENT 15 FEET WIDE AND 138.07 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT 30 FEET WIDEIN THE EAST BANK DISTRICT OF KANAWHA COUNTY, WEST VIRGINIA, GLEN E. McMILLION II and PEGGY McMILLION, and MICHAEL L. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. ORDER OF PUBLICATION TO: Glen E. McMillion II Peggy McMillion 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 Glen E. McMillion II and Peggy McMillion, 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 4, Parcel 41 (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. The Town has made diligent efforts to complete personal service of process on Respondents pursuant to West Virginia Rule of Civil Procedure 4(d)(1)(D). Nonetheless, the Town desires to achieve service of process upon Respondents by publication pursuant to West Virginia Code 59-3-2 and West Virginia Rule of Civil Procedure 4(e). Accordingly, it is hereby ORDERED that the Respondents, Glen E. McMillion II and Peggy McMillion, 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: June 28, 2024 Cathy S. Gatson, Clerk Circuit Court of Kanawha County, West Virginia By: Deputy Clerk CPugh LC-176323 07-02,09;2024