WEST VIRGINIA RECORD

Oct. 26
Joe R. Pyle and Joe Pyle Auction & Realty Service vs. Antonio Fragale, Executor of Estate of Kimberly Fragale
PA-J. Michael Benninger; J-NA
* Antonio Fragale agreed to grant the exclusive right to sell real estate at 380 Oakland Street in Morgantown. An agreement was signed also allowing Joe Pyle to auction personal property at the residence. Fragale notified Pyle shortly before the schedule sale that he had already sold the property and disposed of certain personal property. Pyle claims Fragale violated the Real Estate Listing Agreement and Personal Property Auction Contract. Pyle is seeking judgment to compensate for damages and losses.
Case number: 11-C-686

Oct. 31
Stone Materials Inc vs. Potesta & Associates
PA-S. Sean Murphy; J-NA
* Stone Materials entered into a contract with Potesta & Associates for services related to drilling on a large non-coal surface mine. Potesta & Associates submitted applications for mining permits and were advised the applications were incomplete and were resubmitted and again were notified the applications were again incomplete. Stone Materials, on advice from Potesta & Associates, began drilling on the property in an inappropriate area resulting in civil penalties assessed against them. A stop work letter was sent to Potesta after they failed to submit the proper applications. Stone Materials is seeking judgment for compensation, pre and post judgment interest, costs and attorney fees.
Case number: 11-C-698

Nov. 1
West Virginia University vs. The Big East Conference
PA-Guy R. Bucci, Stephen LaCagnin
* On Oct. 27, WVU received an invitation to join the Big 12 for all sports. WVU accepted the offer and wired $2.5 million to the Big East in exchange for their release from the conference effective June 2012. TCU also announced earlier in October they were withdrawing from the Big East to join the Big 12. They were not required by the Big East to honor the 27-month withdrawal period set in their bylaws. The Commissioner accepted WVU's payment, thus accepting WVU's proposal to withdraw from the Big East. WVU claims the Big East has breached its fiduciary obligations to WVU, breached the bylaws and made it impossible for WVU to remain in the Big East. They also claim enforcing the 27-month provision will force WVU to remain the in the Big East for that time period. WVU is asking for a court order declaring the bylaws void and to waive WVU's 27-month notice provision, to award WVU damages incurred as a result of the breaches of contract and fiduciary duty.
Case number: 11-C-695