RIPLEY--Four Jackson County residents are suing West Virginia and five individuals in an attempt to discern the location of a roadway.
James A. Smith Jr., Donald Perry Smith, William P. Smith and Mildred K. Smith filed the lawsuit Aug. 28 in Jackson Circuit Court against the West Virginia Department of Transportation, Division of Highways, Richie E. Warner and Marian Warner of Kenna, Mary Lou White of Kentuck, Karen L. Parsons-Ross and Dennis L. Ross Jr. of Kenna, and West Virginia Attorney General Patrick Morrisey.
According to the complaint, the plaintiffs own 161 acres of land in Jackson County. Over the years, the suit says the roadway has fallen into disrepair so it is difficult to ascertain where it leaves the property owned by defendant White and provides access to the property owned by the plaintiffs.
The plaintiffs ask the court to set forth the location of the roadway as it crosses or abuts the properties owned by the defendants and the plaintiffs, and that it is a viable right-of-way owned by the Department of Highways.
The plaintiff also seek judgment to have access to the properties to conduct a survey locating the road. They are represented by attorney Robert L. Bays of Bowles Rice in Parkersburg. The case has been assigned to Circuit Judge Thomas C. Evans III.
Jackson Circuit Court case number 15-C-120.