West Virginia Record

Monday, February 17, 2020

State Supreme Court calendar for week of Jan. 23-27

By The West Virginia Record | Jan 19, 2006

Supreme Court of Appeals of West Virginia
Argument Docket
Tuesday, Jan. 24

1. Maplewood Estates Homeowners Assn. v. Putnam Co. Planning Commission, et al. - 32780 - Respondent homeowners and respondent Planning Commission jointly appeal from the circuit court's order reversing the Planning Commission's decision to grant a variance to respondent homeowners from the County's subdivision regulations.

2. SER Joseph Cicchirillo, Comm'r, WV DMV v. Hon. Jack Alsop, Judge, et al. - 32876 - DMV Commissioner seeks to prohibit enforcement of an order directing regulatory action, and retaining jurisdiction to review the regulatory action in the future.

3. Linda Farley v. Jeffrey Shook, D.P.M., et al. - 32770 - Continued to Feb. 15.

4. Walter Gauze v. Chidetta Reed, et al. - 32787 - National Union Fire Insurance Company of Pittsburgh, Pa., appeals the circuit court's adverse summary judgment order which found the existence of insurance coverage.

5. State of W. Va. v. Christopher Frye - 32786 - Petitioner seeks a reversal of his jury conviction of grand larceny. He was sentenced to not less than one nor more than ten years in the penitentiary by Order entered Oct. 15, 2004.

6. SER David R. Kyle v. Hon. Edward N. Eagloski, Judge, et al. - 32892 - Petitioner seeks to compel the circuit court to issue a decision.

Argument Docket
Wednesday, Jan. 25

1. Jeremiah "Bart" Morris v. Crown Equipment Corp., et al. - 32751 - Plaintiff appeals the circuit court's orders dismissing his case without prejudice for lack of venue under W.Va. Code § 56-1-1(c). - Continued to March 29.

2. Christina McConaha, Admx. v. Ethel Isabelle Rust, et al. - 32726 - This case arose as a suit seeking partition in kind, or by sale, of property interests passed by intestate succession to the heirs of James Vinton Slater. Petitioner files a direct appeal from the circuit court's order holding that one of the seven heirs owned five-sevenths of the undivided property, subject to the exclusion of a five-sevenths interest in two acres for another of the heirs. The Court held that three of the heirs transferred their interested and two agreed to divide portions. The land was partitioned in kind.

3. Patricia A. Cottrill (now Fagan) v. Douglas D. Cottrill - 32785 - This appeal results from a domestic relations child support enforcement action. The issue concerns an alleged arrearage of child support in the amount of $40,000 accrued from 1980 through 1994, along with subsequent interest. The Family Court found an arrearage of $7,190 for a period of 1987 through 2004, with additional interest of $2,314.25 to be added if not paid by May 2, 2004. Petitioner alleges that he is defended by the Statute of Limitations.

4. Kanawha County Board of Education v. Johnny Sloan - 32783 - The Kanawha County Board of Education appeals the circuit court's order which affirmed the decision of the grievance board. The Board of Education terminated Johnny Sloan's employment for violations of its sexual harassment policy, but the grievance board reversed this decision and ordered that Sloan should have only received a three day suspension.

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