Dale Anthony Campbell and Shatika Marie Campbell v. Annette Schoew

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of the Campbells' motion for reconsideration following summary judgment requiring removal of their double-wide trailer from a subdivision. The court held that the motion was governed by West Virginia Rule of Civil Procedure 60(b), did not toll the appeal period, and could not be used to reargue whether the trailer was temporary. The court also found no abuse of discretion in determining that a quitclaim deed for adjoining property did not cure the trailer's violation of the subdivision's five-foot setback covenant.

Holdings

1. A motion filed outside the ten-day period applicable to a Rule 59(e) motion is treated as a Rule 60(b) motion regardless of how it is styled; such a motion does not toll the appeal period for the underlying judgment.
2. The circuit court properly denied Rule 60(b) relief because petitioners merely attempted to reargue whether the trailer was a temporary structure and did not identify a Rule 60(b) ground warranting relief.
3. The circuit court did not abuse its discretion in finding that petitioners could not cure the five-foot setback violation by acquiring a portion of the adjoining lot because the restrictive covenant referred to the original side lot line, which remained unchanged.

Questions Presented

1. Whether petitioners' motion for reconsideration, filed more than ten days after entry of the summary judgment order, was properly treated as a Rule 60(b) motion.
2. Whether the circuit court abused its discretion in denying Rule 60(b) relief based on petitioners' renewed argument that the double-wide trailer was not a temporary structure.
3. Whether the circuit court abused its discretion in determining that acquisition of a portion of adjoining property did not cure the trailer's violation of the restrictive covenant requiring a five-foot setback from any side lot line.

Disposition

affirmed