Lorenze v. Church
In Lorenze v. Church, 172 W. Va. 369, 305 S.E.2d 326 (1983), the Court found that a jury trial was mandated in a declaratory judgment proceeding on the factual issue of whether the parties had reached agreement on an oral lease, as a prelude to the trial court determining and declaring the rights of the parties, if any, under the alleged oral lease.
In that case the Court also re-iterated and applied the rule that "'A trial court exceeds its legitimate powers when it denies a jury trial to one entitled thereto who makes a proper demand therefor.' Syllabus point 2, State ex rel. W. Va. Truck Stops v. McHugh, 160 W. Va. 294, 233 S.E.2d 729 (1977)." Id.