Opinion

Hechler v. Casey

  • 175 W. Va. 434
  • 333 S.E.2d 799
Court
West Virginia Supreme Court
Filed
Aug 8, 1985
Status
Published
Author
Brotherton
On the bench
McHugh, Brotherton
Cited by
71 cases
Authority
More cited than 13.0%

holding that investigatory records portion of FOIA does not include "information generated pursuant to routine administration or oversight, but is limited to information compiled as part of an inquiry into specific suspected violations of the law"

How later courts described this case

  • holding that investigatory records portion of FOIA does not include "information generated pursuant to routine administration or oversight, but is limited to information compiled as part of an inquiry into specific suspected violations of the law"
  • noting that statute authorizing an award of costs in mandamus and prohibition cases was superseded by the Rules of Appellate Procedure with regards to an award of costs to the State in this Court
  • “This Court’s procedural rule, to the extent it conflicts with the procedural statute, supersedes the statute.”
  • “W. Va.Code, 53-1-8 [1933], applicable to both mandamus and prohibition proceedings, authorizes an award of either of these types of writs with or without costs as the court or judge may determine. W. Va.R.App. P. 23(b

Written by the judges who cited it.

The opinion

BROTHERTON, Justice,

dissenting:

I concur with the majority’s opinion except the part which upholds the May 21, 1985, action of the Court releasing the list of names and addresses of the security guards to the general public. I must dissent to that action, not that had the question been before the Court on proper motion that it might have been the proper action.

None of the parties before this Court requested the release of the names and addresses of the security guards to the general public. In fact, all parties agreed that the names should be kept sealed and even executed a consent order to that effect. No one filed a Freedom of Information Act request for this information.

Despite the fact that no one requested the names, this Court precipitously released the list of names on its own motion. A universal maxim of law in this country is that the judiciary acts only on cases and controversies. See, e.g., Teller v. McCoy, 162 W.Va. 367, 396-97 , 253 S.E.2d 114, 131 (1978) (Neely, J. concurring in part and dissenting in part.); W.Va. Const, art. 8 § 3. A court should not fashion relief on its own motion on matters not before the court. I, therefore, must dissent to this action.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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