Wayne Patterson v. Danaya Steiner, Danaya Steiner (aka Danaya Reid), Joe Steiner, and Jaime T. Adkins

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of Wayne Patterson’s petition for summary relief under West Virginia Code § 55-3A-1 et seq., which sought possession of residential property allegedly wrongfully occupied by the respondents. The court held that the respondents’ occupancy was lawful because it was authorized by heirs of the decedent, and the record did not establish the alleged property damage. The court also declined to reverse based solely on the respondents’ failure to file a response.

Holdings

1. The circuit court properly dismissed Patterson's petition because the record did not establish that respondents were wrongfully occupying the property or had committed the type of property damage that would support summary relief under the statute.
2. A circuit court's order dismissing a complaint or petition is reviewed de novo.

Questions Presented

1. Whether Patterson, as administrator of the decedent's estate or as an heir, could obtain summary relief under West Virginia Code §§ 55-3A-1 et seq. based on alleged wrongful occupation.
2. Whether the respondents' occupation was wrongful and whether the allegations and record established a statutory basis for summary eviction based on unauthorized occupation or property damage.
3. Whether the circuit court erred by dismissing the petition with prejudice.

Disposition

affirmed