Loretta Lynn Gomez v. Kanawha County Commission

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Petitioner appeals the order of the circuit court that granted summary judgment to the Kanawha County Commission in this eminent domain proceeding. The Kanawha County Commission sought to take petitioner’s property for use as a dumpsite in connection with the Runway 5 Project at Yeager Airport. After a hearing, in which the condemnation commissioners found that the purpose of the taking of petitioner’s property was for public use, and that the property was valued at $33,335.00, petitioner asked for a jury trial on both issues. The circuit court denied petitioner’s motion for a jury trial on the issue of public use, but granted petitioner’s motion on the issue of the fair market value of the property. After petitioner did not comply with any discovery deadlines, and failed to attend her properly noticed deposition, the circuit court quashed petitioner’s evidence, and granted summary judgment in favor of the Kanawha County Commission, finding in the absence of any evidence from petitioner, that there was no genuine issue of material fact regarding the value of the property. Petitioner appeals the March 18, 2015, order of the Circuit Court that granted summary judgment to the Kanawha County Commission.