Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the judgment of the circuit court reversing the orders issued by Petitioner while sitting as the Berkeley County Board of Assessment Appeals arising from appeals of ad valorem assessments owned by Taxpayers, as determined by the Berkeley County Assessor for the 2019 tax year, holding that circuit court erred in reversing the Board.Although the two consolidated appeals dealt with different pieces of property owned by two different entities the Supreme Court concluded that resolution dependent on two overarching questions common to both appeals. The Court then held (1) Petitioner waived any objection to the Assessor not being named as a party to this action; and (2) the circuit court erred in determining the assessments as affirmed by the Board were not supported by substantial evidence or were otherwise in contravention of any regulation, statute, or constitutional provision. View "Berkeley County Council v. Government Properties Income Trust LLC" on Justia Law

The Supreme Court reversed the order of the circuit court denying a motion for summary judgment filed by Adam Goodman and Paul Underwood (collectively, Petitioners) in this personal injury case arising from an accident in which Blake Auton was injured, holding that the allegations against Petitioners were those of pure negligence, which were barred by workers' compensation immunity.In its order denying summary judgment, the circuit court concluded that there was a genuine issue of material fact as to whether Goodman was action within the scope of his employment while he was driving a garbage truck that backed over Auton and that additional discovery was required relating to Underwood's actions. The Supreme Court reversed and remanded with direction for the circuit court to grant summary judgment to Petitioners, holding (1) Petitioners were both clearly acting in furtherance of their employer's business when the accident occurred; and (2) therefore, workers' compensation immunity barred the cause of action and entitled Petitioners to summary judgment. View "Goodman v. Auton" on Justia Law

The Supreme Court affirmed in part and reversed in part the decisions of the lower tribunals resolving Claimant's permanent total disability (PTD) claim in his favor after denying his petition to reopen his occupational pneumoconiosis permanent partial disability (OP PPD) claim for further evaluation, holding that the lower tribunals erred in part.At issue in the instant consolidated appeals were Claimant's attempt to reopen his OP PPD claim for further evaluation and his claim for permanent total disability (PTD) due to his various impairments. While Claimant's PTD claim was still being litigated, he unsuccessfully filed two petition to reopen his OP PPD claim. The lower tribunals denied Claimant's reopening petitions but awarded him PTD. The Supreme Court affirmed in part and reversed in part, holding (1) W. Va. Code 23-4-16(e) does not preclude reopening of a permanent disability claim because another permanent disability claim is pending; and (2) the lower tribunals were not clearly wrong in determining that Claimant was permanently and totally disabled. View "Delbert v. Murray American Energy, Inc." on Justia Law

The Supreme Court granted a writ of prohibition prohibiting enforcement of a preliminary injunction against the West Virginia Secondary School Activities Commission (WVSSAC) in favor of Heather B. as legal guardian of A.B., holding that WVSSAC showed that it was entitled to the writ.In issuing the preliminary injunction the circuit court concluded that the WVSSAC applied its "waiver rule," W. Va. C.S.R. 127-2-2, in an arbitrary and capricious manner and that its "residence-transfer rule," W. Va. C.S.R. 127-2-7.2a, was facially unconstitutional. The Supreme Court granted a writ prohibiting enforcement of the injunction, holding (1) the circuit court lacked jurisdiction to review A.B.'s as-applied challenge to the WVSSAC's waiver rule; and (2) the circuit court clearly erred in finding the residence-transfer rule to be facially unconstitutional. View "State ex rel. W. Va. Secondary School Activities Comm'n v. Cuomo" on Justia Law

The Supreme Court affirmed the orders of the circuit court dismissing Jefferson County Foundation, Inc.'s suit seeking a declaration that a series of transactions were an unlawful "de facto tax abatement," holding that there was no error.After the West Virginia Economic Development Authority (WVEDA) adopted a resolution to undertake a series of transactions with Roxul USA, Inc. (Rockwool) to finance the construction of a manufacturing plant the Foundation filed a complaint seeking a declaration that the transactions were a de facto tax abatement for Rockwool that violates both statute and the West Virginia Constitution. The business court dismissed the suit with prejudice. The Supreme Court affirmed, holding (1) WVEDA was statutorily authorized to engaged in the transactions; (2) the transactions were not an exemption from tax; (3) the West Virginia Economic Development Act does not conflict with W. Va. Code 11-3-9; and (4) the transactions did not violate W. Va. Const. art. X, 1. View "Jefferson County Foundation, Inc. v. W. Va. Economic Development Authority" on Justia Law

The Supreme Court reversed the judgment of the Board of Review affirming the decision of the Office of Judges denying Appellant's request to add C5-6 spondylosis with C6 radiculopathy as a compensable condition, holding that Appellant was entitled to a permanent partial disability award.Appellant suffered a compensable injury to his shoulder, neck and back while working for Respondent. After the injury, Appellant developed cervical radiculopathy. At issue was whether cervical radiculopathy should be added as a compensable condition of Appellant's claim. The Supreme Court reversed and remanded this case with directions to add cervical radiculopathy as a compensable condition, holding that Appellant proved a causal connection between his compensable injury and his cervical radiculopathy. View "Moore v. ICG Tygart Valley, LLC" on Justia Law

The Supreme Court affirmed the rulings of the Public Service Commission of West Virginia's (PSC) final order and its order denying the City of Wheeling's (Wheeling) petition for reconsideration and motion to stay, holding that the PSC had jurisdiction over the dispute when it issued its final order and that there was no error in the PSC's decision.After the City of Benwood brought an action challenging Wheeling's revised rate for sewer treatment services the PSC began an investigation. In its final order, the PSC recalculated the revised rate for Wheeling's sewer treatment services. Wheeling then filed a petition for reconsideration and a motion to stay, arguing that the PSC lacked subject matter jurisdiction when it issued the final order. The PSC denied Wheeling's petition and motion. The Supreme Court affirmed, holding that there was no error in the proceedings below. View "City of Wheeling v. Public Service Commission" on Justia Law

The Supreme Court reversed the final order of the circuit court affirming the decision of the Coal Mine Safety Board of Appeals reinstating Respondent's mining certifications following a random substance abuse drug and alcohol test in which Respondent tested positive for marijuana metabolites (THC), holding that the circuit court erred.Respondent appealed his suspension, arguing before the Board that his positive drug tested resulted from his use of cannabidiol (CBD) oil on the day prior to the test and that the test did not differentiate between CBD and THC. The Board granted the appeal and reinstated Respondent's mining certifications. The circuit court affirmed. The Supreme Court reversed, holding that because Respondent did not successfully challenge the testing process or result and had no valid prescription that would fulfill the valid and allowable defense, the statutory requirement that he be suspended was mandatory. View "West Virginia Office of Miners' Health, Safety & Training v. Beavers" on Justia Law

The Supreme Court reversed the judgment of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reinstating Respondent's driving privileges, holding that the OAH incorrectly reversed the revocation of Respondent's driving privileges.After Respondent was arrested under suspicion for driving a motor vehicle while under the influence of alcohol, controlled substances, or drugs (DUI) a sample of his blood was drawn for testing. The West Virginia Division of Motor Vehicles (DMV) revoked Respondent's driving privileges. When Respondent appealed, DMV advised that the blood sample had been destroyed without testing. The OAH reversed the revocation, reasoning that the State violated Respondent's due process rights by depriving him of the opportunity to present potentially exculpatory evidence as a result of his blood sample. The circuit court affirmed. The Supreme Court reversed, holding (1) it was error to find that the destruction of Respondent's blood sample violated his right to due process; and (2) reversing Respondent's revocation was error. View "Frazier v. Null" on Justia Law

The Supreme Court granted a writ of prohibition sought by Petitioner to prohibit the circuit court from enforcing its order to strike the notice it received pursuant to W. Va. Code 55-7-13d regarding Respondent's belief that some or all of the fault in the matter should be assigned to the Monongalia County Commission, holding that Petitioner was entitled to the writ.Respondent was employed by the County Commission when he was injured his work. After resolving his workers' compensation claim Respondent sued Petitioner for further compensation. Thereafter, Petitioner filed the motion at issue. The circuit court granted Respondent's motion to strike the notice, concluding that fault could not be assigned to the County Commission, and, alternatively, that Petitioner failed to allege deliberate intention on the part of the County Commission. The Supreme Court granted Petitioner's petition for a writ of prohibition, holding (1) the circuit court committed clear error in ruling that the County Commission could not be named as a nonparty defendant under W.Va. Code 55-7-13d; and (2) section 55-7-13d did not require Petitioner to meet the deliberate-intention standard in order for fault to be assigned to the County Commission. View "State ex rel. March-Westin Co. v. Honorable Phillip D. Gaujot" on Justia Law