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July exploded like a fireworks display here at Bailey & Wyant, PLLC. Thanks to the hard work and dedication of our staff we were able to enjoy a busy month working with our clients to resolve cases and prepare for trial.
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Behind the Scenes with Bailey & Slotnick
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Members, Amy Haynie & Marc Slotnick |
Bailey & Slotnick recently produced a video from our Teays Valley Office showcasing our dedication to our clients and the teamwork that goes into helping our clients through the process of closing on a house.
Our energetic and dynamic team of lawyers remains dedicated to exceeding your expectations by delivering the qualified legal representation you need. Whatever your issue in real estate, we strive to find the right resolution that fits your situation exactly in the most efficient and cost-effective manner possible. We represent buyers, lenders, sellers and any other professionals involved in any matter involving real estate.
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Significant Decision Regarding Oil & Gas Rights
On June 10, 2019, the West Virginia Supreme Court issued its highly anticipated decision regarding horizontal drilling impacts on surface owner's. The case, Andrews v. Antero Resources Corp. and Hall Drilling, LLC, No. 17-0126 (W. Va. June 10, 2019), ruled in favor of a mineral owner's use of surface land after the surface owners alleged their activity constituted a 'nuisance' claim. The decision permits mineral owner's to "reasonably use" the surface during mineral extraction.
In Andrews, the petitioners (hereinafter referred to as "Property Owners") filed a complaint alleging claims of "private temporary continuing abatable nuisance and negligence" against Antero Resources Corporation and Hall Drilling (hereinafter referred to as "Antero"). The complaint asserted that Antero's activity (e.g., heavy equipment usage, truck traffic, diesel fumes, etc.) caused the loss of use and enjoyment of their properties due to "annoyance, inconvenience, and discomfort." Soon after, the Property Owners voluntarily withdrew their negligence claim yet persisted with the nuisance claim. However, the Mass Litigation Panel (hereinafter referred to as "MLP") granted Antero's motion for summary judgment thus resulting in the fruition of this decision.
On appeal, the Supreme Court affirmed the MLP's decision-based only on "contact and property rights"-because "no issues pertaining to private nuisance principles [were] presented to [the] Court on appeal." Instead, the court addressed whether changing gas drilling methods, driven by technological advancements that potentially place a greater burden on their surface estates, would be "fairly necessary" for the enjoyment of the mineral state. The court analyzed this under the Buffalo Mining test: (1) what is reasonable and necessary to develop underlying materials; and (2) the burden to the surface owner.
Finding that the Plaintiffs failed to offer sufficient evidence to satisfy either element, the court concluded that a mineral owner's use of the surface is permittable-regardless of how inconvenient to the surface owner and even if it damages the surface estate-provided the activity does not result in the destruction of the surface or rise to the level of substantial burden. Therefore, the court affirmed the MLP's decision to grant summary judgment in favor of Antero.
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Associate Elected to Board of Kids' Chance of West Virginia
Bailey & Wyant, PLLC Associate
Jeffrey Carder has been elected to the board of Kids' Chance of West Virginia, Inc. Being part of the community means we are invested in the lives of those we serve. Kids' Chance of West Virginia is a nonprofit scholarship fund which grants educational scholarships to the sons and daughters of West Virginia residents who suffered a serious, catastrophic or fatal workplace injury or illness. Jeffrey works closely with our workers' compensation cl
ients and is able to see firsthand what a workplace injury means for families, especially the children of those families.
After reviewing similar programs in other states, Governor Cecil H Underwood created the Kids' Chance Task Force in September of 1998. This ongoing program is designed to help West Virginia's kids for years to come. Scholarship funds come through fully tax-deductible donations from individuals, companies, foundations and organizations active in workers' compensation matters.
So far, Jeffrey has been active in helping kick-off Kids' Chance of West Virginia's summer fundraiser, the 2019 Kids' Chance Golf Tournament. The golf tournament will be held at Edgewood County Club in Charleston on Saturday, August 3rd, 2019 at 1:00 p.m. It is $100 per person or $375 per a team of four. The fee includes green fees, golf cart, food, beverages and more.
If you're not a golfer but would still like to participate, tournament and hole sponsorships are also available. Please feel free to contact Kids' Chance of West Virginia for further details at (304) 269-1311 or via email at [email protected].
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Bailey & Wyant, PLLC Summer Associate Spotlight
Bailey & Wyant, PLLC has had the pleasure of having a Summer Clerk in our Martinsburg Office. Matt Harris completed his first year at West Virginia University College of Law and wanted to use his summer to gain a more practical knowledge that comes from working within a firm.
Harris has been mentored this summer by Member Jim Marshall, who runs our Eastern Panhandle office in Martinsburg West Virginia. Originally from Harpers Ferry, Harris has enjoyed working in the Shenandoah Valley, learning the ins and outs of the field of law. He has previously interned on Capitol Hill and has studied abroad at Brasenose College, Oxford University. Alongside his studies for his Juris Doctorate, Harris will also begin studying for his master's in business administration.
"I have truly enjoyed myself," said Harris as he was explaining his summer impressions of working at Bailey & Wyant, PLLC. "I've been able to really narrow my focus to areas I'd like to practice in the future; business litigation, general litigation, corporate law & transactional law."
Through his many assignments this summer, Harris has been able to gain hands on experience, which is important to helping him gain a well-rounded law education by preparing him for the future. We have been happy to have Harris on our team this summer and wish him luck in his second year at West Virginia College of Law. Hopefully we will get to see him this fall as we cheer on our beloved Mountaineers.
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Diane G. Senakievich
Diane G. Senakievich is a Member in Bailey & Wyant, PLLC's Wheeling, West Virginia office. She holds a Bachelor of Arts degree in Criminal Justice from Ohio University, and earned her J.D. from Ohio Northern University.
She was admitted to the West Virginia State Bar in 2003. She has also been admitted to practice before the United States District Courts for the Northern and Southern Districts of West Virginia. She concentrates her practice in the areas of insurance litigation, personal injury, employment law, work place injuries, land slide litigation and medical malpractice.
Diane is a member of the West Virginia Bar Association, Ohio County Bar Association and Defense Trial Counsel of West Virginia.
Diane was born in Wheeling, West Virginia. She was raised in St. Clairsville, Ohio and graduated from St. Clairsville High School. She resides with her husband and daughter in St. Clairsville and is an active member of Calvary Church.
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Our philosophy is simple. We provide aggressive and effective legal representation, while being ever mindful of each client's individual needs, goals, and economic interests. No matter how complex or novel, our focus in a case is always to reach the right resolution for our client.
To discuss your case, e-mail us ([email protected]) or give us a call at 304.345.4222 (Charleston) or 304.233.3100 (Wheeling) or 304.901.2000 (Martinsburg).
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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