State ex rel. W. Va. Real Estate Licensing & Cert. Bd. v. Hon. Christopher D. Chiles

David Bunch, a real estate appraiser holding a license issued by the West Virginia Real Estate Licensing and Certification Board, filed a petition for a writ of prohibition in the Circuit Court of Cabell County seeking to halt an administrative disciplinary proceeding initiated against him. The Board filed a motion to dismiss, arguing that it was a state agency, and, pursuant to W. Va. Code 14-2-2(a)(1), venue for the action was proper only in the Circuit Court of Kanawha County. The circuit court denied the motion, concluding that it was unclear whether the Board was a “state agency” for purposes of the venue statute. The Supreme Court granted the requested writ, holding that the Board is a state agency entitled to the special venue provisions of section 14-2-2(a)(1), and therefore, the circuit court erred when it allowed the action to proceed in the Circuit Court of Cabell County. View "State ex rel. W. Va. Real Estate Licensing & Cert. Bd. v. Hon. Christopher D. Chiles" on Justia Law