Justia Government & Administrative Law Opinion Summaries

Appellants Family Protection Services Board, its secretary/treasurer, and several of its members all appealed a grant of summary judgment in favor of Men & Women Against Discrimination (MAWAD). The Board is a public body created by the West Virginia Domestic Violence Act (WVDVA). Among other things, the Board is charged with establishing and enforcing standards for the licensure of all domestic violence shelters and family protection programs in the state. The Board also provides funds for shelters and programs once they become licensed. In 2008, MAWAD filed a complaint alleging that the Board implemented the WVDVA in a discriminatory manner. MAWAD sought to enjoin the Board from disbursing funds to shelters and programs until the alleged discriminatory practices were addressed. The circuit court entered judgment in favor of MAWAD, rendering three legislative rules promulgated by the Board as "null and void." Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court reversed the lower court's decision. The Court found MAWAD lacked standing to bring suit against the Board. The Court dismissed the case.

The West Virginia Medical Imaging & Radiation Therapy Technology Board of Examiners appealed an order of the circuit court. In the order, the court reversed the Board's decision to suspend Appellee Kenneth Harrison's medical license. The Board issued a final administrative decision that found Dr. Harrison practiced outside the scope of his medical imaging and radiation therapy license when he administered intravenous allergy medicine to a patient without the treating physician's involvement. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court reversed the lower court's decision.

Commissioner Joe E. Miller, on behalf of the West Virginia Division of Motor Vehicles, appealed an order by the circuit court that reversed his final order that revoked Petitioner Edward Simsâs driverâs license. Mr. Sims was arrested for driving under the influence of alcohol. On appeal, Commissioner Miller argued that the circuit court did not give substantial weight to all of the evidence presented against Mr. Sims. Upon review of the courtâs records, the Supreme Court agreed with Commissioner Miller that the circuit courtâs conclusions were in error. The Court reversed the order of the circuit court and reinstated Commissioner Millerâs order revoking Mr. Simsâ license.

Two cases were consolidated by the Supreme Court. In each of the underlying cases, the Petitioners sought relief in the form of writs of mandamus and prohibition. The Supreme Court found that the financial affidavits required for proceeding in forma pauperis were properly filed in each case. The Court found that the magistrate courts in each of the cases failed to perform a ânon-discretionary dutyâ by requiring the posting of an appeal bond in one case, or the payment of a filing fee in the other. The Supreme Court found that the requested writs of mandamus should be granted as moulded.