Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the order of the circuit court concluding that a large inventory of jet engine repair parts were not exempt from ad valorem property taxation.Petitioner maintained a vast inventory of jet engine repair parts at its West Virginia facility. Petitioner argued that the repair parts were exempt from ad valorem taxation pursuant to the Freeport Amendment contained in the West Virginia Constitution. The county assessor determined that the repair parts were not exempt from ad valorem taxation. The state tax commission upheld the determination. The circuit court affirmed. The Supreme Court affirmed, holding that the inventory of repair parts did not fall within the Freeport Amendment exemption. View "Pratt & Whitney Engine Services v. Steager" on Justia Law

The Supreme Court affirmed the decision of the circuit court upholding the finding of just cause for Petitioner’s discharge made by the Mason County Civil Service Commission for Deputy Sheriffs.Petitioner was discharged from employment with the Mason County Sheriff’s Department based on two separate incidents. The Commission concluded that just cause existed for Petitioner’s discharge. The Circuit court affirmed the Commission’s decision. The Supreme Court affirmed, holding (1) Petitioner was not denied procedural due process; (2) the Commission’s practices and procedures were not flawed; and (3) The Commission’s finding of just cause not not clearly wrong or a misapplication of the law, was not arbitrary or capricious, and was not contrary to the evidence. View "Fruth v. Powers" on Justia Law

The Supreme Court reversed the judgment of the circuit court upholding the order of the Office of Administrative Hearings (OAH) rescinding George Zipf’s driver’s license revocation. Zipf was arrested at a sobriety checkpoint for driving under the influence of alcohol (DUI). Consequently, the Department of Motor Vehicles revoked his driver’s license. The OAH found insufficient evidence that the DUI arrest was lawful and rescinded the driver’s license revocation. The circuit court upheld the OAH’s order. The Supreme Court reversed, holding that there was sufficient evidence that Zipf’s DUI arrest was lawful, and therefore, the circuit court erred in upholding the OAH’s order. View "Reed v. Zipf" on Justia Law

The circuit court erred in granting a writ of mandamus in favor of the Nicholas County Board of Education (Board) requiring the West Virginia Board of Education and the State Superintendent of Schools (collectively, the WVBOE) to approve the Board’s amended consolidated educational facilities plan (CEFP), which constituted a prerequisite to the Board’s efforts to consolidate four Nicholas County schools and its Career and Technical Education Center. The circuit court found (1) the WVBOE lacks the authority to reject a county board’s CEFP if the county complies with certain regulatory requirements; and (2) the WVBOE’s stated reasons for rejecting the CEFP amendment were arbitrary and capricious. The Supreme Court held (1) the WVBOE is vested with authority to exercise its discretion in accepting or rejecting an amended CEFP, and mere procedural compliance with statutory and regulatory requirements does not entitle a county board of education to approval of its proposed plan; and (2) the reasons adopted by the WVBOE for rejection of the plan were neither arbitrary nor capricious. View "West Virginia Board of Education v. Board of Education of the County of Nicholas" on Justia Law

When a child is born alive, the presence of illegal drugs in the child’s system at birth constitutes sufficient evidence that the child is an abused and/or neglected child, as those terms are defined by W. Va. Code 49-1-201, to support the filing of an abuse and neglect petition pursuant to W. Va. Code 49-4-601The West Virginia Department of Health and Human Resources filed an abuse and neglect petition against Father alleging that Child was an abused and/or neglected child. The allegations of Father’s misconduct included his failure to protect Child from Mother’s drug use - both prenatal and ongoing after Child’s birth - and his continuing association with Mother. Father filed a motion to dismiss the petition claiming that because an abuse and neglect proceeding could not be brought to protect a child who has not yet been born, a parent could not be charged with injuries in utero. The circuit court agreed to certify a question to the Supreme Court insofar as it was deemed to be determinative of Father’s motion to dismiss. The Supreme Court answered the question as reformulated. View "In re A.L.C.M." on Justia Law

An inmate injured while working at a work release center is not entitled to workers' compensation benefits.William Crawford sought workers’ compensation benefits for a severe injury he sustained during his period of confinement at the Charleston Work Release Center. The claims administrator rejected Crawford’s application for benefits based upon its determination that he did not suffer an injury in the course of and resulting from his employment because Crawford was an inmate and not an employee as defined under W. Va. Code 23-4-1(a). The office of judges and Workers’ Compensation Board of Review affirmed. The Supreme Court affirmed, holding (1) the Board did not err in ruling that Crawford was not entitled to workers’ compensation benefits pursuant to W. Va. Code 23-4-1e(b); and (2) there was no violation of Crawford’s equal protection rights. View "Crawford v. West Virginia Department of Corrections - Work Release" on Justia Law

The Supreme Court ruled that the revocation of the driver’s license of Respondent was improper, thus rejecting the arguments of the West Virginia Division of Motor Vehicles (DMV) on appeal. The Court affirmed the order of the circuit court, which reversed the decision of the Office of Administrative Hearings (OAH) that had affirmed the DMV’s revocation of Respondent’s driver’s license. The Court held that the circuit court did not err in concluding that the OAH’s delay in issuing its decision was prejudicial to Respondent and declined to address the merits of DMV’s two remaining assignments of error. View "Reed v. Staffileno" on Justia Law

Domestic Violence Survivors’ Support Group, Inc. (DVCC), a non-profit corporation that provides counseling services to victims of domestic violence, applied for a behavioral health center license. The West Virginia Department of Health and Human Resources (DHHR), Office of Health Facility Licensure and Certification (OHFLAC) denied the application for licensure on the ground that DVCC does not employ a licensed counselor. The circuit court affirmed the administrative decision. The Supreme Court reversed, holding that OHFLAC’s interpretation of its administrative rule as requiring all professional counselors to be professionally licensed was contrary to the statutory and regulatory schemes. Remanded. View "Domestic Violence Survivors' Support Group, Inc. v. West Virginia Department of Health & Human Resources" on Justia Law

At issue in this case was the proposed expansion of municipal geographic boundaries by minor boundary adjustment by the City of Summersville, West Virginia, as approved by the Nicholas County Commission. Petitioners brought this action against the County Nicholas Commission and its members (collectively, Respondents), alleging that certain statutory requirements governing annexation were not met during the approval process, the annexation was not in the best interests of Nicholas County, the annexation amounted to a public nuisance, and that the annexation resulted in an unconstitutional taking of property without compensation. The circuit court granted the County Commission’s motion for summary judgment in part and denied Petitioners’ motion for summary judgment in part, concluding that the County Commission complied with the statutory requirements in entering the order on boundary adjustment, which authorized the City’s annexation of the property. The Supreme Court affirmed, holding that the circuit court did not err in affirming the County Commission’s determination to approve the City’s petition for an annexation by minor boundary adjustment. View "Coffman v. Nicholas County Commission" on Justia Law

Seven entities under contract to provide residential services to youth in the state (collectively, Petitioners) filed a petition for writ of mandamus requiring the West Virginia Department of Health and Human Services (DHHR), its Cabinet Secretary, the West Virginia Bureau for Medical Services (BMS), its Acting Commissioner, the Bureau for Children and Families (BCF), and its Commissioner (collectively, Respondents) to promulgate new or amended legislative rules prior to implementing changes to existing residential child care services policies. The Supreme Court granted a writ as moulded, finding it most appropriate to order this matter to be docketed in this circuit court as if it were an original proceeding in mandamus in that court. Remanded for further proceedings. View "State ex rel. Pressley Ridge v. W. Va. Department of Health & Human Resources" on Justia Law