# STATE EX REL. CORPORATION OF CHARLES TOWN v. Sanders

> West Virginia Supreme Court · December 22, 2009 · 224 W. Va. 630

URL: https://www.frixlaw.com/law-library/cases/9852439

## Case

- **Full name:** STATE of West Virginia Ex Rel., CORPORATION OF CHARLES TOWN, a Municipal Corporation, Petitioner v. the Honorable David H. SANDERS, Judge of the Circuit Court of Jefferson County; Robert W. Furr, and Jackson-Perks Post No. 71, Inc., Respondents
- **Court:** West Virginia Supreme Court
- **Decided:** December 22, 2009
- **Citations:** 224 W. Va. 630; 687 S.E.2d 568
- **Precedential status:** Published
- **Opinion:** Concurrence by Benjamin
- **Judges:** Benjamin
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9852439

## How later opinions describe it (automated extraction)

- discussing action brought under W.Va. Code § 29-12A-4(e)(3) and stating, “[h]owever, W.Va. Code, § 29-12A-4(c)(3) is made subject to the immunities set forth in section five and six of article 29”
- discussing action brought under W.Va. Code § 29-12A-4(c)(3) and stating, “[h]owever, W.Va. Code, § 29-12A-4(c)(3) is made subject to the immunities set forth in section five and six of article 29”

## Opinion text

BENJAMIN, Chief Justice,
concurring:
(Filed Dec. 22, 2009)
On the tort claim pending against petitioner Charles Town, I agree with the Court’s opinion that a writ should issue with respect to the direct immunity question. What I find more curious, and perhaps worthy of further legal development at some point, is the contractual obligations which Charles Town owes to respondent, Jackson-Perks Post No. 71, Inc. (“Post”). To the extent the majority believes a municipality may not obligate itself to keep property it chooses to lease in a certain manner, I disagree. Should the Post ultimately be held responsible in tort for injuries herein, I believe the question of a contractual claim by the Post against Charles Town to possibly still be viable. Otherwise, municipalities would be free to negotiate terms of contracts with private citizens which the municipality has no intention of keeping. A citizen who detrimentally relies on such representations could then forego obtaining liability insurance only to be held liable in place of the municipality who is the actual tortfeasor. I do not believe the Legislature intended such a result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9852439. Public record. Not legal advice.