M-B Ltd. Partnership v. Longacre

Summary

The West Virginia Supreme Court of Appeals reviewed a summary judgment resolving a boundary-line dispute between adjacent landowners. The court held that conflicting surveyor opinions created genuine issues of material fact, reversed the judgment, and remanded for trial on the merits.

Holdings

1. Conflicting opinions from the parties' surveyors concerning the location and extent of the disputed boundary line created genuine issues of material fact requiring resolution at trial.
2. The circuit court erred by disregarding the Longacres' surveyors' opinions and granting summary judgment without explaining a legally sufficient basis for resolving the conflicting evidence.

Questions Presented

1. Whether conflicting opinions and evidence from the parties' surveyors created genuine issues of material fact concerning the location and extent of the disputed boundary line.
2. Whether the circuit court improperly weighed the survey evidence and resolved factual disputes in granting summary judgment for M-B.

Disposition

reversed_and_remanded