WEST VIRGINIA RECORD

Argument Docket
Tuesday, Feb. 8
Rule 20 argument - 10:00 a.m.

Timothy E. Davies v. WVOIC and Alcan Rolled Products, LLC, No. 35550

Craig A. Hare v. Joe E. Miller, Commissioner, WV DMV, No. 35560 - The Commissioner of the Department of Motor Vehicles appeals from two orders of the circuit court which, together, rescinded the Commissioner's order of revocation of respondent's driver's license for driving under the influence of alcohol, precluded DMV from rescheduling an administrative hearing following the revocation, and awarded attorney's fees and costs to respondent for his attendance at the first day of the administrative hearing. DMV seeks a reversal of both orders on the basis that the circuit court exceeded its jurisdiction, abused its discretion, and committed error.

Men and Women Against Discrimination v. Family Protection, et al., No. 35558 - Defendants appeal from the circuit court's order granting an injunction against the continued application of certain rules and policies allegedly maintained by defendant, The Family Protection Services Board, in relation to licensing of domestic violence shelters, the certification of domestic violence advocates, and the regulation of perpetrator intervention programs. Defendants seek a reversal of the circuit court's decision and a remand with directions to dismiss the case.

Rule 20 argument - 2:00 p.m.

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. - Continued to February 15.

Foster Foundation v. Glen B. Gainer, III, WV State Auditor, No. 35627 - Petitioner brings a Petition for Writ of Certiorari from an Order of the Court of Claims entered on October 15, 2009. The Court of Claims' order denied the Petitioner claim seeking the return of $457,386.79 in "certificate" fees collected by the State Auditor in violation of the statutory provisions that authorized the assessment and collection of such fees. The Court of Claims asserted that the State Auditor erroneously accrued interest and certificate fees on a contested tax assessment against the Petitioner. The Court of Claims refused to order the State Auditor to reimburse Petitioner for those fees.

Fountain Place Cinema 8, LLC v. Christopher G. Morris, No. 35632 - The State Tax Commissioner seeks a reversal of the circuit court's order, which reversed the decision of the Office of Tax Appeals and remanded this case to the Office of Tax Appeals for an award of tax credit sought by respondent taxpayer. Taxpayer requested a tax credit under the Economic Opportunity Tax Credit Act as a business engaged in "destination-oriented recreation and tourism" pursuant to W.Va. Code §11-13Q-19(a)(5). The Tax Department denied the tax credit and the Office of Tax Appeals affirmed that decision.

Argument Docket
Wednesday, Feb. 9

Rule 19 argument - 10:00 a.m.

In Re: Noah A., Ian A., Carson P., and Micah P., Nos. 35743 and 35744 - Micah's Father and the DHHR appeal the circuit court order denying him custody of his child, even though he is a non-abusing biological parent.

State v. Christopher Proctor, No. 35647 - Defendant seeks a reversal of the circuit court's order denying his motion for reconsideration of sentence and a remand for the imposition of an appropriate sentence.

Amanda R. And Roger Shrewsbury v. Surinder Mohan, et al., No. 35653 - SMP Enterprises, LLC seeks relief upon the granting of summary judgment in favor of Erie Insurance relating to coverage under the commercial general liability policy sold to SMP by Erie's agent. Erie sought a declaration determining its obligation to provide insurance coverage for the defense and indemnification of the tort claims asserted in the underlying civil action. The circuit court found that the Erie policy does not provide such coverage and granted the insurer's motion for summary judgment.

In Re: Emily G. and Kaleb D., No. 35660 - Maternal grandparents appeal circuit court order dismissing their petition alleging abuse and neglect of their grandchildren.

SER Donald Hicks v. A. Ray Bailey and McDowell County Comm., No. 35646 - Petitioner appeals from the circuit court's order directing the McDowell County Commission to pay the attorney's fees of a candidate who prevailed an election contest that was filed by his election opponent. Petitioner has learned that the attorney's fees exceed $45,000. Petitioner seeks a reversal of the circuit court's order on the basis that there is neither statutory nor constitutional authority for requiring a county commission to pay a political candidate's fees incurred in an election contest.

Carroll Eugene Humphries v. Paul S. Detch, No. 35649 - Carroll Eugene Humphries appeals the circuit court's order dismissing his legal malpractice suit against Paul S. Detch.

State v. Roy Ike Cunningham, No. 35656 - Defendant, convicted of multiple counts of Arson and count of Conspiracy by jury and sentenced to Life as a Recidivist, appeals circuit court resentencing order, arguing multiple constitutional errors.