Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the order of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reversing the administrative order revoking Gary Bragg's driving privileges for driving a motor vehicle while under the influence of alcohol, controlled substances and/or drugs (DUI), holding that the OAH erred in reversing the order of revocation.Specifically, the Supreme Court held (1) the OAH erred in reversing the order of revocation based solely upon the fact that a blood sample withdrawn from Bragg was not tested or made available to Bragg for independent testing; and (2) because the OAH failed otherwise to evaluate the record evidence, the case must be remanded for a determination of whether sufficient evidence supported the administrative revocation of Bragg's driver's license. View "Frazier v. Bragg" on Justia Law

The Supreme Court reversed the order of the circuit court that ordered the West Virginia Division of Motor Vehicles (DMV) to grant the application for a motor vehicle salesperson license submitted by Timothy McCabe, holding that W. Va. Code 17A-6E-4(c)(5) is rationally related to the State's legitimate interest in preventing fraudulent activity in the motor vehicle industry and is not arbitrary or discriminatory.McCabe was denied a permanent motor vehicle salesperson license pursuant to section 17A-6E-4(c)(5), which prohibits the issuance of a motor vehicle salesperson license to an applicant previously convicted of a felony involving financial matters or the motor vehicle industry. The circuit court ordered that McCabe's application for a motor vehicle salesperson license be granted, concluding that the statute cannot lawfully be applied to applicants who were convicted of felonies prior to the enactment of the statute, that Defendant was denied due process, and that the statute is both constitutionally overbroad and overly narrow. The Supreme Court reversed, holding (1) section 17A-6E-4(c)(5) is a regulatory statute that does not violate the prohibition against ex post facto laws; (2) Defendant was afforded his procedural due process rights; and (3) the statute is neither overly broad nor overly narrow. View "Frazier v. McCabe" on Justia Law

The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent's driver's license for driving under the influence of alcohol (DUI), holding that the circuit court erred.The arresting officer in this case did not attend the OAH hearing. In affirming the revocation, the OAH relied on the officer's DUI information sheet. The circuit court reversed, holding that the Division of Motor Vehicle's (DMV) records, including the DUI information sheet, should not have been admitted into evidence and considered by the OAH. The Supreme Court reversed, holding (1) the OAH was statutorily obligated to receive the DMV's file, including the arresting officer's DUI information sheet, into evidence, and the circuit court's ruling to the contrary was clearly erroneous; and (2) the circuit court erred in ruling that the DMV had the burden of securing the arresting officer's attendance at the OAH hearing. View "Frazier v. Fouch" on Justia Law

The Supreme Court affirmed the circuit court's dismissal of West Virginia Counties Group Self-Insurance Risk Pool, Inc.'s (WVCoRP) claims against Great Cacapon Volunteer Fire Department, Inc. (VFD), holding that the circuit court did not err.When a fire destroyed the building where VFD was housed, the owner of the building, the Morgan County Commission, was reimbursed for the loss by WVCoRP. Seeking to recover the funds it expended, WVCoRP sued the VFD and other parties for negligence. In the process, WVCoRP invoked a contractual right to subrogation. The circuit court determined that the claims against VFD were barred by W. Va. Code 29-12A-13(c), which prohibits claims against political subdivisions made under a right of subrogation. The Supreme Court affirmed, holding (1) WVCoRP's claims spring from its coverage contract with the Commission and fall within any plain meaning of subrogation; and (2) section 29-12A-13(c) is not an insurance law of the State from which WVCoRP is exempt. View "West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc." on Justia Law

The Supreme Court granted a writ of prohibition as moulded preventing the enforcement of the circuit court's order that stayed the Commissioner of the West Virginia Division of Motor Vehicles' (DMV) administrative revocation of the driver's license of Dalton Watts pending appeal to the circuit court, holding that the circuit court had no jurisdiction to hear this matter.The DMV sought to prohibit the judge of the circuit court from enforcing his order staying the revocation of Watts' driver's license pending appeal, arguing that because there was no contested case in the administrative proceeding the circuit court did not have jurisdiction. The DMV further argued that Watts' requested for relief below should properly be considered a petition for writ of mandamus against the OAH, which was not a party to the appeal. The Supreme Court granted the writ as moulded, holding that the circuit court lacked jurisdiction to hear either the appeal or a petition for writ of mandamus in this action, thus clearly exceeding its authority in acting upon Watts' filing. View "State ex rel. Frazier v. McGraw" on Justia Law

In these two consolidated cases, the Supreme Court granted as moulded a requested writ of prohibition in Case Number 19-0754 and granted the requested writ of prohibition in Case Number 19-0755, holding that the circuit court erred by not complying with the statutory procedure prescribed for granting a stay of an administrative revocation of a driver's license to operate a motor vehicle.The circuit court stayed the administrative revocation of Respondents' driver's licenses while their appeals from the revocation rulings were pending in the circuit court. The Commissioner of the West Virginia Division of Motor Vehicles requested a writ of prohibition to prevent the circuit court from enforcing the orders, arguing that the circuit court failed to comply with the requisite statutory procedure for the issuance of a stay set forth in W. Va. Code 17C-5A-2(s). Recognizing the different procedural postures of the two matters, the Supreme Court granted as moulded the requested writ of prohibition in one case and granted the requested writ as to the other case, holding that the circuit court erred by disregarding the plain and mandatory statutory language of section 17C-5A-2(s) in staying an administrative revocation of a driver's license. View "State ex rel., Frazier v. Honorable Thompson" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the order of the Public Grievance Board denying as untimely the grievance brought by Melissa Wilfong challenging the alleged failure to the Board of Education of Randolph County to place her in a full-time administrative position, holding that Wilfong's grievance was untimely.Wilfong was employed as a half-time principal and half-time teacher at Valley Head Elementary School, which closed at the end of the 2016-2017 school year. In April 2017 the Board notified Wilfong that she had been approved for transfer to another position but informed her that she did not yet have an assignment for the following school year. In August 2017, Wilfong accepted a full-time teaching position. That same day, Wilfong filed her grievance complaining that the Board failed to place her in an administrative position. The Grievance Board denied the grievance as untimely. The circuit court affirmed. The Supreme Court affirmed, holding that because Wilfong filed her grievance outside the fifteen-day window provided by W. Va. Code 6C-2-4(a)(1), the grievance was not timely filed. View "Wilfong v. Randolph County Board of Education" on Justia Law

The Supreme Court reversed the order of the circuit court reversing a decision of the West Virginia Public Employees Grievance Board that had dismissed, as untimely filed, a grievance filed by Respondent, holding that there was no basis in the record for the circuit court to find that the Board improperly dismissed Respondent's grievance as untimely filed.Respondent filed a grievance alleging that he should have been appointed for a position in the Highway Engineer classification with the West Virginia Division of Highways (DOH). The Board granted DOH's motion to dismiss the grievance as untimely filed. The circuit court reversed, finding that the grievance was timely filed under the discovery rule. The Supreme Court reversed, holding that the time period for filing an employment selection grievance under W. Va. Code 6C-2-4(a)(1) begins when the grievance is unequivocally notified of the selection decision by the employer, not when the grievance discovers facts about the person selected for the position. View "West Virginia Division of Highways v. Powell" on Justia Law

The Supreme Court reversed the final order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) revoking Respondent's driver's license for driving under the influence (DUI), holding that the OAH's findings were not clearly wrong and that the circuit court abused its discretion in substituting its judgment for that of the fact finder.After unsuccessfully challenging the revocation of her license with the OAH Respondent appealed to the circuit court. The court found that that OAH clearly erred in weighing the facts and in applying the law and legal standards and that OAH's final order was an abuse of discretion and was clearly erroneous. The Supreme Court reversed and remanded the case for reinstatement of the administrative order revoking Respondent's driver's license, holding that the circuit court abused its discretion when it substituted its own view of the evidence for that of the OAH. View "Frazier v. S.P." on Justia Law

The Supreme Court denied Petitioner's requested writ of certiorari to vacate an opinion issued by the West Virginia Legislative Claims Commission, holding that the opinion of the Claims Commission was not reviewable by the Supreme Court on a writ of certiorari at this procedural posture.Following the death of her son, Petitioner submitted a notice of claim with the Claims Commission against the West Virginia Department of Transportation, Division of Highways. The opinion of the Claims Commission stated that the Commission "[was] of the opinion to deny this claim." Petitioner then brought this action seeking a writ of certiorari from the Claims Commission's opinion. The Supreme Court denied the writ, holding that that review by writ of certiorari to this Court does not lie as to a non-binding recommendation of the Claims Commission made pursuant to W. Va. Code 14-2-12 that does not involve an existing or special appropriation and as to which the West Virginia Legislature has not taken final action. View "State ex rel. LaDayne v. West Virginia Legislative Claims Commission" on Justia Law