West v. Clarksburg

2 Citing cases

  1. City of Morgantown, W. Va., Va. Mun. Corp. v. Nuzum Trucking Co.

    237 W. Va. 226 (W. Va. 2016)   Cited 4 times

    Because the Commissioner's designation of a municipal street as part of the state road system necessarily identifies the municipal street as a connecting part of the state road system, we must conclude that the portion of WV Route 7 that is within the municipality of Morgantown is a connecting part of the state road system. In West v. City of Clarksburg, 123 W.Va. 22, 13 S.E.2d 155, 155 (1941), this Court held that “[t]he designation of a street, within a municipal corporation as a connecting part of a primary road, Acts 1933, Ex. Sess., Ch. 40, Art. IV, Sec. 26, must be made by an order entered by the state road commissioner, so that the street can be located with certainty.” Our determination that the herein disputed portion of road is a connecting part of the state road system does not resolve the question of whether Morgantown's WV Route 7 Heavy Truck Ordinance may be enforced.

  2. Robertson v. Road Comm

    64 S.E.2d 28 (W. Va. 1951)   Cited 3 times

    We think not. In West v. Clarksburg, 123 W. Va. 22, 13 S.E.2d 155, the contention was made that the commissioner had designated a certain street as part of the state highway system, the contention being based upon the fact that the street was the only one "in Clarksburg marked with standard route signs as U.S. Route No. 19". In deciding what action on the part of the state road commissioner was required by the Act of 1933, as finally amended, to designate a city street as a connecting part of the state road system, the Court held, Point 2 of the syllabus: "The designation of a street, within a municipal corporation as a connecting part of a primary road, Acts 1933, Ex. Sess., Ch. 40, Art. IV, Sec. 26, must be made by an order entered by the state road commissioner, so that the street can be located with certainty.