Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO: 24-C-779 HON. DAVID J. HARDY, JUDGE TOWN OF EAST BANK, WEST VIRGINIA, BY AND THROUGH ITS SANITARY BOARD, a municipal corporation, Petitioner, v. 4,582 SQUARE FEET OF PERMANENT EASEMENT 15 FEET WIDE AND 9,164 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT 30 FEET WIDE IN THE EAST BANK DISTRICT OF KANAWHA COUNTY, WEST VIRGINIA, RAMONA SPAINHOUR, EARL LEE SCHLAEGEL, JR., THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF MORRIS P. MCCONIHAY, DECEASED, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF FRANCES CLEMENTS, DECEASED, AND THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF JOHN H. MCCONIHAY, DECEASED, and MICHAEL L. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. TO: Ramona Spainhour Earl Lee Schlaegel, Jr. The Unknown Heirs, Successors, and Assigns of Morris P. McConihay, deceased The Unknown Heirs, Successors, and Assigns of Frances Clements, deceased The Unknown Heirs, Successors, and Assigns of John H. McConihay, deceased ORDER OF PUBLICATION 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 Ramona Spainhour, Earl Lee Schlaegel, Jr., the unknown heirs, successors, and assigns of Morris P. McConihay, deceased, the unknown heirs, successors, and assigns of Frances Clements, deceased, and the unknown heirs, successors, and assigns of John H. McConihay, deceased, 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 3, Parcel 34 (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 the unknown heirs, successors, and assigns of Morris P. McConihay, deceased, the unknown heirs, successors, and assigns of Frances Clements, deceased, and the unknown heirs, successors, and assigns of John H. McConihay, deceased, are not locatable. Accordingly, it is hereby ORDERED that the Respondents, Ramona Spainhour, Earl Lee Schlaegel, Jr., the unknown heirs, successors, and assigns of Morris P. McConihay, deceased, the unknown heirs, successors, and assigns of Frances Clements, deceased, and the unknown heirs, successors, and assigns of John H. McConihay, deceased, 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 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 22, 2024 Cathy S. Gatson, Clerk Circuit Court of Kanawha County, West Virginia By: S. Withrow Deputy Clerk LC-177459 07-24,31;2024