Case law

Columbia Gas of Maryland, Inc. v. Board of Public Works of the State

194 W. Va. 75 · West Virginia Supreme Court · Jun 15, 1995

As Appellee explains, to permit assessment of Appellants’ stored gas dependent upon the location in which it is stored would eviscerate the objective in establishing the Board in the first instance. … “Interpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.” Syl.Pt. 4, Security Nat’l Bank & Trust Co. v. First W.Va.

Watson v. Wigginton

28 W. Va. 533 · West Virginia Supreme Court · Oct 23, 1886

The views of the majority of the court in this case in 17 Johns, p. 384 are in a qualified manner approved by the court in Cope v. Smith's ex'r, 8 Serg. & R. 114. … , which must, I think, be reached in this case; and perhaps a thorough investigation of the subject might show, that his language ought not to be qualified.

Lang v. Derr

212 W. Va. 257 · West Virginia Supreme Court · May 3, 2002

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” III. … Clearly, the contract did not indicate that the prior services were to be consideration, and there is no evidence that Mr. Welsh, or Mrs.

Jameson v. Myles' Exor.

7 W. Va. 311 · West Virginia Supreme Court · Feb 27, 1874

That the appellant should, under the circumstances of this case, be allowed at least the gold value of the Confederate money, is clearly just and equitable, and in accordance with the principles established in the case of … This was clearly the meaning and purpose of the testator in this case.

In Re S.W.

233 W. Va. 91 · West Virginia Supreme Court · Feb 12, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The circuit court also heard testimony from Catherine Smith-Heine, who was qualified as an expert in counseling with an expertise in parenting.

Randy Waugh/Waugh's Mobile Home Park v. Morgan Co. Emergency Medical Services Board

236 W. Va. 468 · West Virginia Supreme Court · Nov 4, 2015

We have previously held that “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … management services with any person, who has executive personnel with experience and skill applicable to the superintendence and management of any system, for the furnishing of its services and the services of experienced and qualified

Railroad Co. v. Iron-Works

31 W. Va. 710 · West Virginia Supreme Court · Dec 15, 1888

appurtenances, and to hold all such property, personal, real, and mixed, as they may require for the purposes aforesaid,” etc.; and it was by statute also invested “ with all and singular the rights, profits, powers, authorities, immunities … This clearly was for the private accommodation of both the railroad and steel-works, and to make the private business of both more profitable.

Manor Care Inc. v. Tom Douglas

234 W. Va. 57 · West Virginia Supreme Court · Jun 18, 2014

case involves “health care services” . which are governed exclusively by the MPLA The majority correctly notes that “[ejlaims related to business decisions, such as proper budgeting and staffing, by entities that do not qualify … That said, I am troubled by the verdict form’s lack of clarity on the award of McDavid damages, to which the Estate was clearly entitled.

Casdorph v. Casdorph

194 W. Va. 490 · West Virginia Supreme Court · Jul 13, 1995

Clearly, there would seem to be a moral duty for any responsible parent with the ability to assist in the support of his or her disabled child to do so. The legal issue, however, is more difficult. … Schlaegel, 185 W.Va. 56 , 404 S.E.2d 545 (1991), we held that “[t]he awarding of support for adult children who meet the criteria established in James G. v.

State v. Leadingham

190 W. Va. 482 · West Virginia Supreme Court · Dec 15, 1993

The adversary positions at that stage are well established; the parties are then `arm'slength' adversaries. … Leadingham was sane was clearly wrong.

State Ex Rel. Arrow Concrete Co. v. Hill

194 W. Va. 239 · West Virginia Supreme Court · Jun 19, 1995

Moreover, the plaintiff notes that W.Va.Code, 47-18-4 [1978] states: “The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this State, … The best illustration, so long as it stands, is provided by appeals based on claims of official immunity. Wright, supra at § 3914.1 at 493 (footnote omitted).

State of West Virignia v. Rocco Zuccaro

239 W. Va. 128 · West Virginia Supreme Court · Apr 26, 2017

The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. … The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.

Cynthia McCoy, Anna Eschelmeyer and William Fowler v. Steven Dragisich

West Virginia Supreme Court · Oct 16, 2020

Bain”), qualified as executor of her estate. … The plain language of the retainer agreement clearly exemplifies the intent of the parties to enter into an attorney-client relationship and demonstrates that Attorney Dragisich both knew that he would possibly be working

State of West Virginia, Katie Switzer, and Jennifer Compton v. Travis Beaver, Wendy Peters, David L. Roach, State Superintendent of Schools, and L. Paul Hardesty, President of the West Virginia Board of Education

West Virginia Supreme Court · Nov 17, 2022

It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation. … expenses as approved by the board established pursuant to § 18-31-3 of this code.

Lusk v. Doe

175 W. Va. 775 · West Virginia Supreme Court · Dec 17, 1985

Although the language of the accident notice provision is somewhat ambiguous, both the broad definition of “insured” under subsection (c) of the statute and the absence of the qualifying adjective “named” in subsection (e … The language of subsection (e) clearly stipulates that the notice provisions are prerequisites only "to recover under the uninsured motorist endorsement or provision ”of the insured’s policy.

Loudermilk v. Loudermilk

183 W. Va. 616 · West Virginia Supreme Court · Jul 12, 1990

a qualified Code, 48-2-l(f)(4) [1986] gift. … Lieberman, 142 W.Va. 716 , 98 S.E.2d 275 (1957): The findings of the trial chancellor, based on conflicting evidence, will not be disturbed on appeal unless such findings are clearly wrong or against the preponderance of

SER W. Va. Dept. of Transportation, Div. of Highways v. Hon. Robert A. Burnside, Jr., Judge

237 W. Va. 655 · West Virginia Supreme Court · Jun 13, 2016

To be sure, the statute is designed to ensure just compensation for the property taken, but it accomplishes that end by virtue of the appointment of qualified commissioners, the preparation of a particularized report based … A significant minority of courts exclude contamination evidence, however, particularly where the landowner’s liability therefor has not been established.

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

1  I write separately to express my dismay that the majority has taken yet another step toward the imposition of a heightened pleading standard in all civil cases, not just those “where immunities … Based on this language, which clearly establishes West Virginia as a notice pleading state, 2 most civil complaints follow a pattern: they set forth a nucleus of operative facts, either known to the pleader or based on

Welch v. King

82 W. Va. 258 · West Virginia Supreme Court · Apr 16, 1918

Although the latter says he purchased the car, the facts related by him clearly show the contrary. His claim of purchase is a mere conclusion of law not warranted by the facts. … If he did not qualify his acceptance, it was an agreement to the terms of the offer. He does not sa„v he dissented or gave any notice of intention not to deliver Ne money or the car.

Romano v. Greve

228 W. Va. 727 · West Virginia Supreme Court · Feb 23, 2012

The word “income” means gross income unless the word is otherwise qualified or unless a different meaning clearly appears from the context. … Ct. 23 (establishing retroactivity of child support order).