"The fact that the circuit court’s order was silent as to the rationale for [its] decision is of no moment, as the issues raised to this Court are legal, not factual. This Court is not bound by the legal grounds relied upon by a circuit court.”
How later courts described this case
- "The fact that the circuit court’s order was silent as to the rationale for [its] decision is of no moment, as the issues raised to this Court are legal, not factual. This Court is not bound by the legal grounds relied upon by a circuit court.”
- Starcher, J, concurring, in part, dissenting, in part
Written by the judges who cited it.
Later courts went against this
Overruled by State ex rel. West Virginia Department of Transportation v. Reed, 228 W. Va. 716 (2012)
After a careful review of the briefs and record, and listening to the arguments of the parties, the writs prayed for are granted, and the decision in Cookman is expressly overruled in its entirety.
Overruled by STATE EX REL. WEST VIRGINIA DEPT. OF TRANS. v. Reed, 724 S.E.2d 320 (2012)
After a careful review of the briefs and record, and listening to the arguments of the parties, the writs prayed for are granted, and the decision in Cookman is expressly overruled in its entirety.
The opinion
STARCHER, J.,
concurring, in part, and dissenting, in part.
I concur in the new Syllabus Point 4 of the majority opinion, which correctly summarizes the requirements of the West Virginia Rules of Civil Procedure, Rule 26(b)(4)(B).
However, I dissent to the majority’s method of application of this rule to the State of West Virginia as a litigant in the instant condemnation case.
In condemnation cases, the government is the proverbial 800-pound golilla. It can take your property, period; and the only issue is how much the property is worth. In these lopsided circumstances, a property owner is entitled to anything that can help make the case for full compensation. These are inherently “exceptional circumstances.”
Moreover, government is supposed to be transparent. Secrecy is the exception in the doing of governmental business. If people want to be private in conducting their business affairs, then they should stay out of government. Citizens have an absolute right to know how a government arrived at a suggested price for land, including advice that experts told the government — but that the government decided not to follow.
The Department of Transportation’s “secrecy policy” on' what other appraisers told them suggests that the DOT thinks they are dealing with port security, instead of what a citizen is due for his property.
*609 Accordingly, I concur, in part, and dissent, in part.