1.

Anthony Booker, Amy Booker and Norma J. Boyce v. Carolyn Foose, Shirley Foose, Century 21 Action Realty, Inc., et al. - 040426 - Plaintiffs appeal from the circuit court's dismissal of their lawsuit alleging nuisance, fraud, and failure to disclose a condition materially affecting the value of property. They assert that neighbors are acting in a manner which constitutes a nuisance, that real estate agents failed to disclose this nuisance, and that real estate agents made false statements to induce them to buy property. - Grant (*)
3 - 2, Maynard & Davis.

(*) Limited to the sole issue of whether the circuit court's grant of summary judgement on the issue of nuisance was proper.

2.

State of W. Va. v. Floyd Mack Bennett, Jr. - 040473 - Defendant was convicted of first degree murder without mercy. Defendant appeals his conviction and raises issues related to the sufficiency of the evidence and instructional error.  - Refuse 3 - 2, Starcher & Albright.

3.

WV Department of Transportation, Division of Highways v. Joyce L. Robertson, et al. - 040523 - The Department of Transportation, Division of Highways, petitions for appeal from the circuit courts order which found that Respondent Joyce Robertson owns more property which is affected by a condemnation action than was originally thought.  - Grant  4 - 1, Albright.