WEST VIRGINIA RECORD

Argument Docket
Tuesday, Feb. 15

Rule 20 argument - 10:15 a.m.

1. Larry V. Faircloth Realty, Inc. v. Berkeley County Public Service Water District and Berkeley County Public Service Sewer District, Nos. 35651 and 35652(consolidated argument) - The Berkeley County Public Service Water District and the Berkeley County Public Service Sewer District appeal the circuit court's order granting declaratory judgment in favor of plaintiff below, Larry V. Faircloth Realty, Inc. Inter alia, the circuit court found that the service districts had no authority to collect, and the W.Va. Public Service Commission had no authority to authorize, capacity improvement fees.

Rule 20 argument - 1:30 p.m.

2. Farouk Abadir, et al. v. Mark H. Dellinger, et al., No. 35593 - Plaintiffs appeal from the circuit court's order dismissing their action for damages against their former counsel whom they allege settled a case in which they were the named defendants without their consent. Plaintiffs assert that the circuit court failed to perceive the difference between actual and apparent authority and that collateral estoppel does not preclude them from establishing that their counsel was never authorized to do what he did and that they were damaged as a result, even though the settlement was upheld in Messer v. Huntington Anesthesia Group, Inc., 222 W.Va. 410, 664 S.E.2d 751 (2008).

3. MZRP, LLC v. Logan Canel Coal Company, et al., No. 35692 - Defendant appeals from the circuit court's order awarding judgment in favor of plaintiff in this action seeking to quiet title to a parcel of real estate plaintiff acquired at a delinquent tax sale. Defendant seeks a reversal of the circuit court's order, a determination that plaintiff did not acquire by tax deed the 100 acre tract described in the 1893 deed, and such other relief as this Court deems appropriate.

4. Patsy A. Hardy, Secretary, WV DHHR v. Shawn Shumbera, No. 35671 - Petitioner Patsy A. Hardy, Secretary of the West Virginia Department of Health and Human Resources appeals from a Final Order of the Kanawha County Circuit Court, denying the DHHR's Rule 59(e) Motion to Alter or Amend Judgment. On October 30, 2009, the lower court found that Shawn Shumbera was entitled to injunctive relief to enable him to receive MR/DD Waiver services despite the absence of evidence showing he meets the eligibility criteria.

Argument Docket
Wednesday, Feb. 16

Rule 20 argument - 10:00 a.m.

1. Todd Baldau v. Herbert Jonkers, Louis B. Athey, et al., No.35650 - Defendants in a malicious prosecution case appeal after the circuit court granted partial summary judgment on liability and the jury awarded damages. They assert that the court erroneously denied them the opportunity to present defenses, erroneously denied leave to amend their answer, erred in granting the partial motion for summary judgment, and that the damages were improper and excessive.