THIS JUST IN: Lincoln County

May 8
Joseph B. Pauley and Melissa D. Pauley vs. Carlos "Dickie" Hodge dba R&D Used Cars Inc.
PA-Sara Bird; J-Hoke
* The Yawkey couple claim breach of warranty, fraud, failure to provide odometer and truth in lending disclosures as well as unconscionable contract resulting from the sale by Hodge in July 2008 of a 1998 automobile that they claim required $2,200 in repairs. They seek compensatory damages, attorney fees, court costs and other relief.
Case number: 09-C-47

May 14
Betty Anderson, administratrix of the estate of James Henry Pauley II vs. Betty Anderson, Dewayne Morris, Phyllis Pauley, Michael Pauley, Suzanne Pauley, Anita Maroney and James H. Pauley III
PA-Jerry D. Alford; J-Hoke
* Anderson filed suit to determine heirship and subject his real estate holdings to sale for payment of expenses and debts.
Case number: 09-C-49

May 22
Sue Evans vs. Lawrence Smith, Tammy Roberts and David Roberts
PA-Ronald G. Salmons; J-Hoke
* Evans, a West Hamlin resident since about November 1982, sought and was granted a temporary restraining order directed at her neighbor and their "agent or employee" Roberts for trespassing by blocking her driveway with heavy machinery and "causing a nuisance."
Case number: 09-C-50

May 26
Ray Junior Frye vs. Carlos "Dickie" Hodge dba R&D Used Cars Inc.
PA-Sara Bird; J-Hoke
* Frye assumed payments on is brother's vehicle purchase earlier this year. Frye says he paid $300 and signed a new contract to take over payments on a 1997 Monte Carlo. Less than two months later, he says "the vehicle seized up and cannot be driven." Hodge refuses to make repairs, he claims. He seeks compensatory damages, penalties, attorney fees, court costs and other relief.
Case number: 09-C-51

May 28
Emilee Stone, executrix of the state of Iva Ellen Smith vs. (18) Heirs
PA-Steven M. Thorne; J-Hoke
* Stone petitions for approval to sell a considerably old Sheridan District parcel of land of some two acres for $14,000 and divide proceeds among heirs.
Case number: 09-C-55

June 1
Brian Cyrus vs. Appalachian Stream Restoration LLC c/o Anthony Jason White, designated agent
PA-M. David Griffith Jr.; J-Hoke
* Cyrus owns 25 percent interest in the defendant LLC. He seeks to dissociate and obtain a purchase offer. He cites certain financial omissions in the Sumerco company's valuation of his interest and cites "suspect expenses" in his latest available balance sheet. He suggests a purchase price of $110,000 for his interest. The complaint asks the court to appoint an appraiser to flesh out accounting details and award pre- and post-judgment interest and reasonable attorney fees and expenses.
Case number: 09-C-56

West Virginia Department of Transportation, Department of Highways vs. James E. Spurlock et al and Lincoln County Sheriff
PA-Raymond A. Nolan; J-Hoke
* DOH applied for the right to condemn and appropriate for public use just over a mile of property in the Laurel Hill District to construct a federal aid project called the Midkiff Truss Bridge. Defendant refused to accept the state's $700 right-of-way offer.
Case number: 09-C-57

West Virginia Department of Transportation, Department of Highways vs. King Enterprises Inc., Chesapeake Appalachia LLC and Lincoln County Sheriff
PA-Raymond A. Nolan; J-Hoke
* DOH was given the go-ahead to condemn for public use a small portion of property from defendant energy companies to make access improvements off W.Va. 3 to Lincoln County High School. The state's fair market value offer of $900 was not accepted.
Case number: 09-C-58