West Virginia Attorneys Obtain Favorable Verdict in Condemnation Case

Charleston Senior Trial Counsel Tonya Shuler and Attorney Nicole Grimes recently obtained a favorable result in a Jefferson County Circuit Court case wherein our government transportation agency client condemned the landowner-respondent’s property for the construction of a new segment of highway in West Virginia.

The preliminary statutory proceeding took place in 2004 when our Senior Trial Counsel Tonya Shuler secured a favorable compensation award. Subsequently, the landowner-respondent appealed that decision to the Circuit Court, arguing that she was entitled to significantly more compensation. After a year of discovery and highly contentious motions practice, the case made its way back in front of a jury in August 2025.

At trial, Tonya Shuler argued to the jury that a public entity should not be required to pay more for the property than a reasonable, willing private purchaser would, solely because it is exercising its condemnation power on behalf of the public.

As a result, the jury returned a verdict favorable to our agency client, awarding the landowner-respondent significantly less than she requested for compensation.

Tonya P. Shuler represents local, regional and national clients, including corporate and industrial clients, and handles a variety of litigation matters including employment law, trucking law and real estate litigation matters.

Nicole E. Grimes handles an array of litigation in the areas of general liability, personal injury, products liability, and employment and labor law.