CHARLESTON The West Virginia Supreme Court of Appeals affirmed a circuit court judgment involving a party wall agreement between party owners.
This appeal concerns a party wall agreement between adjoining property owners in Beckley Sarah L. Bitchfield, who owns a commercial building that shares a party wall with the adjacent property owned or formerly owned by Zen’s Development LLC, Uptown Properties LLC and Kenneth McBride Jr. Petitioner’s lawsuit against these three Respondents included claims for negligence and breach of the party wall agreement, the opinion states. The circuit court granted summary judgment to all three Respondents on the breach of the party wall agreement claim, and it granted summary judgment to Respondent Uptown and Respondent McBride on Petitioner’s negligence claim.