Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke

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The petitioner, Shirley Blaniar Luke, appeals the Harrison Circuit Court’s rulings denying a Motion to Alter or Amend Judgment pursuant to West Virginia Rule of Civil Procedure Rule 59 and denying a Motion for New Trial pursuant to Rule 59. The original civil action was brought by the Respondent seeking declaratory relief to establish ownership of certain real estate located in Harrison County, West Virginia. A jury determined that the petitioner had not adversely possessed the real estate and had not obtained an easement by prescription.