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Category Archives: West Virginia

Brooks versus City of Huntington

The Brooks Court explained that a party seeking recovery for property damage “may recover the reasonable cost of repairing it even if those costs exceed the property’s fair market value before the damage.” The Brooks Court elaborated that “where the owner of residential real property which is damaged can establish that the pre-damage fair market value of the residential real property cannot be fully restored by repairs and that a permanent appreciable residential diminution in value will exist even after such repairs are made, then the owner may recover both the cost of repair and for such remaining diminution in value.”