"Upon further analysis of the Purchase Agreement, this Court concludes that the buyers are correct in their contention that the 'as is' and 'no repair' language of the Agreement relate to the condition of the property as it was on the date the Purchase Agreement was signed," the court's opinion states.
The court ruled that a number of questions surrounding the water leak were left unresolved by the circuit judge's ruling.
"The buyers argued that discovery was needed to explore such matters as: when the water leak began; when it was discovered; the extent of the damage and its impact on the fair market value of the property; whether the sellers were at fault in causing or neglecting the leak; whether they concealed the problem; and whether any representations concerning the water leak were made to the buyers prior to the closing."
Quoting earlier decisions, the high court said under circumstances in this case, the circuit court's ruling was premature and deprived Hinerman and his wife from developing the facts of their case.
However, the court refused Hinerman's request for judgment in his and his wife's favor, saying that action also would be inappropriate at this stage of the case.
Rodriguez, a Marion County native, left his job abruptly as head football coach at WVU in December 2007 to become head coach at the University of Michigan. He was fired there after three seasons, and is now in his first season as head coach at the University of Arizona.
The lawsuit will be sent back to circuit court for deposition of witnesses and for trial before a jury, if necessary.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.