CHARLESTON — The West Virginia Intermediate Court of Appeals ordered the reversal and remand of a case involving the Charleston Town Center Mall's parking garage payments back to the lower court.
Chief Judge Dan Greear authored the court's June 7 opinion. Judge Charles Lorensen recused himself from the appeal and Judge Phillip M. Stowers heard the case on temporary assignment.
"Having reviewed this matter, we conclude that the circuit court erred in granting Respondents' motion, as the basis for the prior order that Respondents sought to enforce was a contractual relationship that no longer exists," Greear wrote. "Accordingly, we remand this case to the Circuit Court of Kanawha County, for further proceedings consistent with this opinion."
Greear wrote that once the contractual relationship of the parties changed, the issue of determination by the court also changed and was no longer identical to the issue decided by Jan. 14, 2019, order.
"A review of the new contractual relationship between the parties herein must be undertaken by the circuit court," Greear wrote. "A simple reopening and enforcement of a prior order would circumvent the right of the parties to have their new contractual relationship fully considered by the court. Additional litigation is required to determine the rights of the parties under the new contractual dynamic."
According to Greear, the litigation will allow both parties to clarify the extent and details of their new contractual agreement. It will also ensure that each party is given a fair chance to present their positions and receive due process under the new contract provisions.
The owner of the mall, Charles WV Mall LLC, contended that Judge Joanna Tabit of Kanawha County Circuit made a mistake when she instructed the company to submit payments to the Charleston Urban Renewal Authority, which possesses the property where the garages are located.
The court heard oral arguments in the case in April.
West Virginia Intermediate Court of Appeals case number: 22-ICA-36
