By Sarah Richardson
A Greenbrier County Circuit Court judge has ruled in favor of the City of Ronceverte and the Ronceverte Parks and Recreation Commission, granting summary judgment and quieting title to the Island Park Roller Rink, which has been recently used by the American Heritage Music Hall (AHMH), in favor of the municipality.
The Nov. 26, 2025, order resolves a consolidated property dispute involving the City and the American Heritage Music Hall, Inc., which had asserted an ownership interest or right to exclusive use of the building.
The Court concluded that there was no genuine issue of material fact and found that the City has owned the land under the building since a 1967 deed. Crucially, the order determined that the building is a “permanently affixed structure to that land,” making it a legal fixture belonging to the landowner.
AHMH had sought ownership based on claims including adverse possession and equitable estoppel. The court noted that AHMH ultimately withdrew its adverse possession claim and reaffirmed that West Virginia law prevents parties from obtaining government property through either adverse possession or equitable estoppel, especially when the government is acting in its governmental capacity.
The City had originally leased the building to Robert G. Mick and others in the early 1980s, but the lease was terminated in 1983. Following the termination, the building was used at various times as a roller rink, and since 2003, by AHMH for musical performances and storage of equipment. The AHMH also “incurred certain expenses” to the maintenance and repair of the structure after the flood of 2016.
In its findings of fact, the Court stated there was “no competent evidence” presented of any enforceable written agreement showing the City had ever conveyed the building to any other party, including the American Heritage Music Hall.
The order also addressed past attempts to transfer the structure. A 2006 document attempting to gift the building to AHMH was found invalid because the grantors lacked title or authority to convey City property. Similarly, a 2023 agreement by AHMH to donate the building to the Parks and Recreation Commission was deemed “of no force or effect” because AHMH had no legal right or interest in the property to begin with.
The court also found “no competent evidence in the record of any affirmative misrepresentation by any City official” regarding the building’s ownership. The ruling affirmed the legal principle that the government is not bound by the “legally unauthorized acts of its officers.”
The judgment quiets title to both the land and the Island Park Roller Rink building, vesting full ownership in the City of Ronceverte.
