WVC 37 - 13 A- 5
§37-13A-5. Cause of action for injunctive relief.
(a) An authorized person denied reasonable access under the
provisions of this article, including the denial of permission to
use vehicular access or the denial of permission to access the
cemetery or grave site to install a monument or grave marker, may
institute a proceeding in the circuit court of the county in which
the cemetery or grave site is located to enjoin the owner of the
private lands on which the cemetery or grave site is located, or
his or her agent, from denying the authorized person reasonable
ingress and egress to the cemetery or grave site for the purposes
set forth in this article. In granting relief, the court may set
the frequency of access, hours and duration of the access.
(b) The court or the judge thereof may issue a preliminary
injunction in any case pending a decision on the merits of any
application filed without requiring the filing of a bond or other
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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