Case law

David L. Henzler v. Turnoutz, LLC and Larry Markham

West Virginia Supreme Court · Jun 12, 2020

Believing that Turnoutz rejected him in favor of younger, less-qualified candidates, Mr. … The court also found that the CAP Release “clearly contemplated that the claims made by [Mr.

State of West Virginia v. Gamble

West Virginia Supreme Court · Jan 12, 2022

Clearly, the West Virginia Legislature did not intend to limit a trial court’s ability to double multiple sentences, otherwise § 60A-4-408 would have provided as such. … The Court rejected that argument, finding that “it is clear that each of those [two] counts qualify as a ‘second or subsequent offense’ under [§ 60A-4-408].

Central Place, LLC v. City of Morgantown Planning Commission

West Virginia Supreme Court · Oct 7, 2016

(b) A comprehensive plan is a process through which citizen participation and thorough analysis are used to develop a set of strategies that establish as clearly and practically as possible the best and most … Though the original application was approved by the Planning Commission, the BZA reversed because, based upon the size and scope of the proposed development, it qualified as a “Major Development of Significant Impact” under

State Ex Rel. Lambert v. Stephens

200 W. Va. 802 · West Virginia Supreme Court · Jul 17, 1997

VIII, § 10 (providing, in part, that "[t]he legislature shall establish in each county a magistrate court or courts ...”). 16 . … The court in Anderson County also held that a court utilizing its inherent "power must establish reasonable necessity by 'clear, cogent and convincing proof.' ” Id. at 881. 23 . See Syl.

State of West Virginia v. Michael Joseph Stines

West Virginia Supreme Court · Nov 16, 2018

Here, evidence to establish that the decedent was the aggressor, necessary to substantiate a claim of self-defense, was not presented at trial. … be disturbed unless it clearly appears that its discretion has been abused.”

Farley v. Graney

146 W. Va. 22 · West Virginia Supreme Court · Dec 20, 1960

That a junk yard is a legitimate business for which a license is required, is clearly established by the last-mentioned statute. … fixed or established.

In Re B.C.

233 W. Va. 130 · West Virginia Supreme Court · Feb 21, 2014

Specifically, the Legislature has established that the party in interest who pursues a petition for a domestic violence protective order is a “person.” … On the appendix record presented to this Court, it appears that the mother meets these standards to qualify as a “reputable person.” 13 Point 1, Miller, supra.

Pratt & Whitney Engine Services v. Dale W. Steager, State Tax Comm.

239 W. Va. 833 · West Virginia Supreme Court · Nov 1, 2017

Clearly, the parts in a functioning jet engine have a different utility than the parts that are stocked on shelves and used in the repairs process. … Amendment makes it abundantly clear that goods which are stored in West Virginia and used to create a new product or a product with a different utility do not qualify for the ad valorem tax exemption.

Brady v. Reiner

157 W. Va. 10 · West Virginia Supreme Court · Jul 31, 1973

Though it does not affirmatively appear of record, presumably the same individuals have now qualified and are acting as trustees of the independent church, the Avery Chapel church pursuant to statute and the rules of that … As to name, the record clearly establishes, and it is not controverted by appellants, that the various congregations conducted their affairs under the provisions of the Book of Discipline of The United Methodist Church and

Lawyer Disciplinary Board v. Paul J. Harris

West Virginia Supreme Court · Mar 21, 2025

Accordingly, we find that the scheme to hide marital assets alleged by ODC lacks sufficient development and evidentiary support to clearly and convincingly establish the three associated Rule violations found by the HPS … Regardless, neither ODC nor the record clearly demonstrate what tribunal rule Harris allegedly violated.

Phillip Leon M. v. Greenbrier County Board of Education

199 W. Va. 400 · West Virginia Supreme Court · Dec 13, 1996

student, whether in class or out, whether it stems from the time, place, or type of behavior, which materially disrupts classwork or involves substantial disorder or invasion of the rights of others, is not constitutionally immunized … Adams, 196 W.Va. 9, 23 , 467 S.E.2d 150, 164 (1995)(“Financial hardship clearly cannot be the appropriate test to be applied in defining ‘free schools’”); Syl. pt. 2, State ex rel.

Bailey v. Vaughan

178 W. Va. 371 · West Virginia Supreme Court · Jul 22, 1987

We utilized the teachings of Meadows to establish Syllabus Point 2 of Masinter v. … Clearly, both Delaware and Idaho now impose an obligation to disclose insider information. See notes 6 and 7, supra. 9 .

Riddle v. Baltimore & Ohio Railroad

137 W. Va. 733 · West Virginia Supreme Court · Jan 13, 1953

such an action, predicated partially upon evidence going beyond the true measure of damages, and tending to prove the cost of altering the condition of the property so as to abate the cause of injury or render the property immune … The testimony of witnesses who relied on the bucket survey clearly indicates that a great part of their testimony is founded on hearsay.

Johnson v. Junior Pocahontas Coal Co., Inc.

160 W. Va. 261 · West Virginia Supreme Court · Mar 29, 1977

The qualifying rules stated in §§ 531 to 537, Id., do not remove this particular case from the ambit of the general rule stated in § 530. … Intention can be manifested in many ways, and in this case it is manifested most clearly and directly. The original deed of June 1, 1956, conveying the surface interest to Paul W.

State of West Virginia ex rel. Hope Clinic, PLLC v. Judge McGraw

West Virginia Supreme Court · May 17, 2021

Code §55-7B-6(c) is clearly “in lieu of” providing such a certificate of merit, such statement should be served no later than the applicable statutory deadline for providing a certificate of merit pursuant to W. Va. … The screening certificate of merit shall be executed under oath by a health care provider who: (1) Is qualified as an expert under the West Virginia rules of evidence;

State of West Virginia v. Jerome Aldridge, Jr.

West Virginia Supreme Court · Jan 20, 2021

“The Double Jeopardy Clause . . . provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. It protects against a second prosecution for the same offense after conviction. … The Legislature established four separate offenses, and the record supports the jury’s finding that petitioner separately committed the elements of each of those offenses.

West Virginia Human Rights Commission v. Garretson

196 W. Va. 118 · West Virginia Supreme Court · Feb 15, 1996

“The denial of these rights to properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality … While it is true that the Mohasco court upheld a summary judgment against a respondent for failure to file on time, Mohasco is clearly distinguishable from the instant case.

In re I.R.

West Virginia Supreme Court · Jan 29, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … So, the question is whether Petitioner qualifies as a person “having custodial or other parental rights or responsibilities.”

Kessel v. Leavitt

204 W. Va. 95 · West Virginia Supreme Court · Jul 22, 1998

Bluefield Community Hosp., 186 W.Va. 424, 430 , 413 S.E.2d 79, 85 (1991) (instructing that “in order to establish fraud, the circumstances must be clearly alleged and proved”), overruled on other grounds by Courtney v. … An attorney does not possess any immunity from liability for his own intentional misconduct.

State of West Virginia ex rel. P.G.-1, P.G.-2, and K.G., Jr. v. The Honorable Ronald E. Wilson, Judge of the Circuit Court of Hancock County

West Virginia Supreme Court · Nov 17, 2021

2020 order states that A.G. was adjudicated based on her stipulated failure to protect the children from K.G. 2 maintain employment, (i) execute releases, (j) work with DHHR to establish … The report noted that the G Children were doing well and had “clearly bonded with their foster family.” A.G., however, was not “making satisfactory progress” on her improvement plan.