Source: July 24, 2015 Read More →


IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA CITY OF BECKLEY, acting by and through the Sanitary Board of the City of Beckley, a municipal utility, (Plaintiff in each of cases identified below) vs. BETTY FRENCH, deceased; WARREN FRENCH, and JAMES PATRICK FRENCH, (15-C-466) vs. TYRONE D AMAR, deceased; TYRONE DOUGLAS AMAR II; BARBARA CATUS; and TAMIKA DANIELLE AMAR, (15-C-454) vs. MARY C. FOX, deceased; NETTIE GRAY; DOROTHY COLVIN; EMMA PATRICK; ERNEST FOX; LARA SMITH; LEROY FOX; and RAY FOX, (15-C-452) vs. JAMES TINSLEY, deceased; CLINTON TINSLEY; ERNEST TINSLEY; EMMA OWENS; JOSEPHINE TINSLEY; ERNEST TINSLEY JR.; ERNESTINE TINSLEY JOHNSON; VERA CANADAY; DWANE TINSLEY; ELIZABETH MITCHELL; CHARLES OWENS; EMMA JONES; LEON OWENS; LARY OWENS; and GLORIA J. ARRINGTON, (15-C-457) vs. LAURA CARTWRIGHT, deceased; WILLIAM ANTHONY; VIOLET HOLLINSHED; JOHN LEFTWICH; and GOLDIE HENRY, (15-C-471) vs. MARY C. WRIGHT, deceased; JAMES O. WRIGHT, deceased; ALICE N. REID; DREMA I. JONES; ARLENE J. WINSTON; THERESA N. WRIGHT; LONELLA C. LEACH; VERNITA LASTER; CYNHIA TAYLOR; and NADINE WRIGHT, (15-C-467) vs. WILLIE MAE GOODALL, deceased; MAURICE J. GOODALL; PATTY J. GOODALL; ORLANDO H. GOODALL; JAMES A. GOODALL; LARUELL GOODALL; BRANDON GOODALL; WENDY C. GOODALL; and RENEE SMITH, (15-C-453) vs. MOSE JUNIUS SPRADLEY, JR, (15-C-450) vs. MARY MAYO ALLEN and ELLA S MAYO, (15-C-459) vs. LAMONT GAITHER, deceased; JOHN E. GAITHER; JANET M. GAITHER; STEVEN W. GAITHER; CASSIDY R. GAITHER; and TANYA M. GAITHER, (15-C-470) vs. JERRY ALEXANDER LEWIS, (15-C-458) vs. REGINALD MAYO, deceased; WILLIAM MAYO, ALICE ELIZABETH MAYO, GEORGE REGINALD MAYO, BESSIE MEA WRIGHT, GRACIE F. WRIGHT, JOSEPHINE RUTLEDGE, MARY ALLEN, HENRY ED MAYO; and ROBERT T MAYO, (15-C-456) vs. HENRIETTA RICHARDSON, deceased; LOIS CUNNINGHAM, ELIZABETH DOMAN, MAYNARD BRANCH, LEROY BRANCH, and WALLACE BRANCH, (15-C-476) vs. H.E. STANSBURY, deceased; (15-C-465) vs. VIOLA C. MOSS, deceased; LOLA M. LEWIS; ELAINE V. MOSS; CHARLES C. MOSS; LEON W. MOSS; CARMEN M. MOSS; and JOHN ED MOSS JR., (15-C-461) vs. ELIZA WITCHER, deceased; ISANORE WASHINGTON; ALEISE DAVIDSON; JOHN WITCHER, JR; JUANITA DIGGS; and INEZ MCDANIELS, (15-C-460) vs. ANNIE KATE FERGUSON, deceased; EXCEL E. FERGUSON; CLARENCE T. FERGUSON; HUBARD D. FERGUSON; JUNIUS W. FERGUSON; MORDICIA D. FERGUSON; AND HOWARD H. FERGUSON, (15-C-474) ORDER FOR PUBLICATION The object of the above entitled actions is to acquire right of entry by Eminent Domain to the property owned by the defendants for the purposes of the Red Brush Phase III project. The purpose of this project includes: Extending sanitary sewers to unserved residences within the Redbrush area; replacing structurally and flow-capacity deficient sanitary sewers in the Redbrush, Piney Oaks, Springdale and Woodlawn Avenue areas of the City; and reducing groundwater infiltration and surface water inflow (I/I) within the Woodlawn Avenue and Springdale areas since much of the existing sanitary sewers are located within a low-lying and wet area that is subject to flooding and high groundwater conditions. As part of this Project, Beckley is required to place certain sewer lines through properties in these neighborhoods. Beckley must acquire a permanent easement and right of way for the purposes of relocating, installing, maintaining, laying, operating, repairing and removing sewer lines and related appurtenances. It appearing by Affidavit filed in this action that there may be defendants unknown or defendants who are nonresidents of the State for whom no agent, or appointed or statutory agent or attorney in fact is found in the State upon whom service may be had to plaintiff. It is ORDERED that defendants, known and unknown, appear and serve upon Gavin Ward, counsel for plaintiff, whose address is PO Box 2494, Beckley, West Virginia 25802, an answer or other defense to the Complaint filed in this action on or before August 20, 2015, otherwise judgment by default will be taken against them. It is hereby notified that on the 25th day of August, 2015, at 9:30 a.m., or as soon thereafter as counsel can be heard, the City of Beckley, acting by and through its Sanitary Board (“Beckley”), will appear before the Circuit Court of Raleigh County, West Virginia, Judge Burnside, in the Raleigh County Judicial Annex, 222 Main Street, Beckley, West Virginia, for the further proceeding with respect to Beckley’s condemnation pursuant to West Virginia Code c 54-2-14. A copy of said Complaint and Motions can be obtained from the undersigned Clerk at his office in Beckley, Raleigh County, West Virginia. Entered by the said Clerk of Court this 20th day of July, 2015. Teste: Paul Flanagan Raleigh County Circuit Court Clerk 7-31-FRI-2-RH; L 3237