Case law

State Ex Rel. West Virginia Housing Development Fund v. Copenhaver

153 W. Va. 636 · West Virginia Supreme Court · Dec 9, 1969

, Inc., a qualified federally approved mortgagee. … The factual finding of a city council to the effect that slum areas exist within the city is entitled to great respect and is not subject to attack unless clearly wrong.

Winnings v. Wilpen Coal Co.

134 W. Va. 387 · West Virginia Supreme Court · May 16, 1950

The well recognized and firmly established rule is that when a landowner has conveyed the minerals underlying the surface of his land, he retains the right to the support of the surface in its natural state unless it clearly … appears, by express words or by necessary implication, that he has *391 released, waived, or qualified his right to such support.

Wagoner v. Wagoner

172 W. Va. 687 · West Virginia Supreme Court · Dec 13, 1983

The appellant contends that the evidence was insufficient to establish that the appellee was the primary caretaker, and that the trial judge abused his discretion in so finding. … The preponderance of the evidence shows that the appellant was the primary caretaker of the infant children, and the trial judge was clearly wrong in finding otherwise.

Jay Longerbeam v. Shepherd University and Donald Buracker v. Shepherd University

West Virginia Supreme Court · Apr 11, 2024

Va. at 74, 479 S.E.2d at 584 (noting that proof “that the employer acted incorrectly . . . would clearly be relevant in proving pretext” (emphasis added)). … Va. 421, 490 S.E.2d 23 (1997) is misplaced; that case is clearly distinguishable.

State v. Saunders

219 W. Va. 570 · West Virginia Supreme Court · Oct 5, 2006

Clearly, one qualifying method for committing a felony violation of the Act is the knowing and willful violation of any provision of a permit, rule or order. See W.Va.Code § 22-15-15(b)(4). … Moreover, Appellant’s position flies in the face of established rules of statutory construction.

Miller v. Burley

155 W. Va. 681 · West Virginia Supreme Court · Mar 29, 1972

It is well established by the decisions of this Court that a voter should not be disfranchised merely because of irregularities attributable to officials of the election. Gibson v. … The omission of any such specified time shows clearly that the time of the occurrence of a vacancy before a general election is utterly immaterial and that, regardless of the time of the occurrence of the vacancy, it must

Ex parte Quarrier

4 W. Va. 210 · West Virginia Supreme Court · Jan 15, 1870

It debars him the exercise of an “office *212 of dignity and honor, and influence,” and deprives him of “privileges and immunities” of more than money value. … Missouri, and Exparte Garland, 4 Wallace, have been relied on as establishing the ex post facto character of this act.

W. Va. Ofc. of Insurance Commissioner v. Earl Lester Robinson and Apogee Coal

West Virginia Supreme Court · Jan 20, 2015

Robinson has the intellectual and physical capacity to perform at least sedentary work and that jobs were available within his geographical area for which he would be qualified or could become qualified with training. … The Board remanded the case to the claims administrator with instructions to issue a protestable Order establishing the onset date based upon the date when a properly completed and supported application for permanent total

State Ex Rel. City of Charles Town v. County Commission of Jefferson County

221 W. Va. 317 · West Virginia Supreme Court · Oct 26, 2007

It is well-established, however, that: “A writ of mandamus will not issue unless three elements coexist — (1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the … The petitioners contend that the plain language of the statute as well as this Court’s prior case law clearly establish that the Commission’s role with regard to annexation of property under W.Va.Code § 8-6-4 is pui-ely ministerial

Ruble v. Office of the Secretary of State of West Virginia

192 W. Va. 134 · West Virginia Supreme Court · Nov 22, 1994

wrong in view of the reliable, probative and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.’” … Ruble is qualified under an education program that is substantially equivalent to the requirements of the statute. 6 .

Staton v. Wyoming County Board of Education

184 W. Va. 369 · West Virginia Supreme Court · Dec 20, 1990

Pursuant to Dillon , where a determination is based upon an evaluation of the relative qualifications of candidates, the issue of seniority is not decisive. 5 When “one candidate ... is clearly more qualified, the seniority … For purposes of establishing seniority as hereinafter provided, when an employee holds valid certification or licensure in one or more areas, the seniority shall accrue in each area.” .

State v. Morrison

98 W. Va. 289 · West Virginia Supreme Court · Feb 24, 1925

a school of medicine is not specifically mentioned does not in itself evidence an intention of the legislature to exclude it from the operation of the statute, if from a consideration of all its provisions the contrary clearly … Ill State Constitution and Sec. 1, of the 14th Amendment to. the Federal Constitution, by depriving him of his privileges, and immunities and property without due process of law, and without equal *301 protection of the laws

Corns-Thomas Engineering & Construction Co. v. County Court of McDowell County

92 W. Va. 368 · West Virginia Supreme Court · Nov 21, 1922

Materiality of the time of that discovery and its importance are clearly obvious. … That a written contract, whether under seal or not, may be modified or a new one substituted for it, by a parol contract subsequently made, is well and clearly established as a legal proposition, by our decisions.

In the Interest of Kaitlyn P.

225 W. Va. 123 · West Virginia Supreme Court · Feb 16, 2010

The court found that probable cause was established and place *125 ment was proper. An adjudicatory hearing was scheduled for October 22, 2008. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

WEST VIRGINIA HUMAN RIGHTS v. Esquire

618 S.E.2d 463 · West Virginia Supreme Court · Jun 30, 2005

immunity."); Banks v. … Black resides in the home but no longer qualifies as handicapped under the statute.

State of West Virginia v. Kenneth Seen

235 W. Va. 174 · West Virginia Supreme Court · Apr 10, 2015

First, any person convicted of a “qualifying offense” must register as a sex offender, and these “qualifying offenses” are listed in West Virginia Code § 15-12-2(b)(1) - (7). … S.’s physical condition clearly supports the trial court’s ultimate findings.

Wilson Bros. v. Bush

70 W. Va. 26 · West Virginia Supreme Court · Nov 28, 1911

We are, therefore, of the opinion that this instruction was clearly erroneous in that it propounded a wrong test or measure-of duty and also may have confused and misled the jury. … and the owner of adjacent premises, we think the principle clearly applicable here and fully justified the court in refusing this instruction.

Cline v. Kresa-Reahl

229 W. Va. 203 · West Virginia Supreme Court · May 29, 2012

Cline’s condition and how petitioner intended to establish liability. … Having determined that petitioner did not plead a recognized informed consent claim, we need not address whether informed consent qualifies as a “well-established legal theory of liability which does not require expert testimony

Garcelon v. Rutledge

173 W. Va. 572 · West Virginia Supreme Court · Jul 11, 1984

Because Garcelon complied fully with the requirements established by the Secretary of State in his election advisory, we concluded that he had a clear legal right to have his name placed on the ballot, and therefore directed … Randall, 357 U.S. 513, 526 , 78 S.Ct. 1332, 1342 , 2 L.Ed.2d 1460, 1473 (1958), than if the boundaries of the forbidden areas were clearly marked,” Baggett v.

MacE v. Pizza Hut, Inc.

180 W. Va. 469 · West Virginia Supreme Court · Nov 28, 1988

It is, therefore, unclear whether the appellant adequately established her prima facie case in the proceedings below. … Findings of the Commission relating to discriminatory intent should not be reversed unless clearly wrong on the whole record. State ex rel. Human Rights Commission v.