State ex rel. Skyline Corp. v. Circuit Court

Thomas and Lori Likens filed a complaint against Petitioners in the circuit court, alleging several claims, including the allegation that Skyline had negligently designed and built their manufactured home. Petitioners filed a motion to dismiss the complaint, alleging that the Likenses were required to file an administrative complaint with the West Virginia Manufactured Housing Construction and Safety Board (the Board) as a prerequisite to the filing of their civil complaint. The circuit court denied Petitioners’ motion to dismiss, concluding that W. Va. Code 21-9-11a did not require the Likenses to first file an administrative complaint seeking relief with the Board before asserting their claim seeking damages. Petitioners requested the Supreme Court to issue a writ of prohibition to prevent the circuit court from enforcing its order. The Court granted the requested writ, concluding that W. Va. Code 21-9-11a(b) requires an aggrieved party to file an administrative complaint with the Board before he or she may file a civil lawsuit for monetary damages. View " State ex rel. Skyline Corp. v. Circuit Court" on Justia Law