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Oakvale Road Public Service District v. Smith
Citations: 166 W. Va. 545; 276 S.E.2d 218; 1981 W. Va. LEXIS 574Docket: No. 14196
Court: West Virginia Supreme Court; March 16, 1981; West Virginia; State Supreme Court
In the appeal from the Circuit Court of Mercer County, the Oakvale Road Public Service District contests the dismissal of their motion against Jerry J. Smith and Patricia Smith, who own residential lots in the Reynolds Subdivision. The Smiths purchased a house in 1976 and, during excavation for its foundation, accidentally damaged the appellant's sewer line. Disputes arose over repairs and house placement, leading the appellant to seek a temporary injunction, which the court granted, preventing further work until a hearing could be held. At a subsequent hearing, the court acknowledged that factual issues warranted a jury trial, scheduled for January 20, 1977, but no trial occurred. Instead, the Smiths moved to dismiss the case, which the court granted, dismissing the injunction and ordering the sewer line's relocation. The appellant's motions to set aside the judgment were denied, although they were permitted to present an offer of proof regarding their evidence. The trial court found that the sewer line's placement violated the easement's requirement to minimize property injury, concluding that the line rendered the lot unsuitable for construction. The appellant argued that the trial court erred by dismissing their petition without a jury trial on critical factual issues, such as the Smiths' knowledge of the sewer line’s existence and location. The appellate court agreed, asserting that these factual questions should have been resolved by a jury, especially as the court had previously recognized the need for a jury trial. The appellate court also noted that the trial court improperly decided factual matters relevant to the dismissal, which is not permissible under a motion to dismiss standard. The court emphasized that the trial court's role was to assess legal sufficiency, not to resolve factual disputes. As a result, the appellate court reversed the lower court's judgment and remanded the case for a jury trial on all pertinent factual issues raised by the appellant.