CHARLESTON – Bristol Broadcasting Company is suing four people it claims are wrongfully denying access to the company's property.
Michael A. Keller, Sharon Tate Keller, William E. Davis and Glena Sue Davis, directly and/or by dower interest, claim by virtue a quitclaim deed dated Oct. 20, 2011, regarding the lots in Woodrum Park Subdivision, according to a complaint filed in Kanawha Circuit Court.
Bristol claims the purported transfer of property rights attempted by the quitclaim deed was without any cited consideration.
Bristol has acquired by prescriptive easement the right to cross the reserved property in accordance with the holding of the West Virginia Supreme Court of Appeals in O'Dell v. Stegall and the quitclaim deed is void ab initio inasmuch as the grantor personally held and had no right to convey any interest in the reservation or any other property right or interest which may have been reserved in favor of Woodrum Park, according to the suit.
Bristol claims the defendants have demanded it acknowledge that the defendants have the right and power to prohibit Bristol from accessing its property using the public roadways and crossing the reservation and Bristol has to have the defendants permission to access its own property by using the public roadways and crossing the reservation.
Despite repeated requests by Bristol, the defendants have refused to acknowledge Bristol's rights to utilize the public roadways and/or to cross the reservation and of its right to access to and use of its own real property, according to the suit.
Bristol is seeking for the court to order that the quitclaim be declared invalid; enjoining the defendants from any and all further activity in violation of the plaintiff's rights to the use of county roadways or the crossing of the reservation to access its property; and compensatory and punitive damages. It is being represented by Daniel R. Schuda of Schuda & Associates PLLC.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 15-C-626
