Case law

State Ex Rel. Dilley v. West Virginia Public Employees Retirement System

180 W. Va. 24 · West Virginia Supreme Court · Nov 17, 1988

County commissioners qualify as members of the legislative body of a political subdivision. … Although the statutes could have been drafted more clearly, the result the legislature sought to achieve appears to be to include local school boards within the retirement system.

Board of Education of County of Wood v. Enoch

186 W. Va. 712 · West Virginia Supreme Court · Mar 13, 1992

The Board of Education sought review in the Circuit Court of Wood County, which found that the hearing examiner’s decision “[was] clearly wrong and contrary to law and even seems to have been capricious.” Mr. … The Legislature established the summer school as separate and apart from the regular school term.

Christopher Grove v. W. Va. Racing Commission

West Virginia Supreme Court · Feb 27, 2015

The hearing examiner concluded that the record in this case established that the penalty handed down by the WVRC was “fair and just.” … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far

CB&T Operations Co. v. Tax Commissioner of the West Virginia

211 W. Va. 198 · West Virginia Supreme Court · Feb 25, 2002

Appellants and CB & T Bank each clearly qualify as “persons” under Article 15A. See W. … West Virginia Code § 11-15-6 (1987) provides that “[t]o prevent evasion, it shall be presumed that all sales and services are subject to the tax until the contrary is clearly established.”

State of West Virginia v. Christopher T. Wolfe

West Virginia Supreme Court · Jun 28, 2013

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” Syllabus Point 4, Burgess v. Porterfield, 196 W.Va. 178, 469 S.E.2d 114 (1996). Syl. … Finally, petitioner argues that the State failed to establish that he was even a participant in the telephone conversation. “‘In order for the State to prove a conspiracy under W.

Modular Building Consultants of West Virginia, Inc. v. Poerio, Inc.

235 W. Va. 474 · West Virginia Supreme Court · May 21, 2015

“If the Legislature intends to alter- or supersede the common law, it must do so clearly and without equivocation.” State ex rel. Van Nguyen v. Berger, 199 W.Va. 71, 75 , 483 S.E.2d 71, 75 (1996). … the injured *484 party was not established through that proceeding.” 217 W.Va. at 23 , 614 S.E.2d at 23 .

State of West Virginia v. Andrew Jackson McCauley, Jr.

West Virginia Supreme Court · Nov 13, 2024

Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion aforesaid has … Eggeman was qualified as an expert to testify as to her work with the dog. Ms.

State v. Clawson

165 W. Va. 588 · West Virginia Supreme Court · Sep 23, 1980

At the other extreme, a blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly … , usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. ...

State v. Zacks

204 W. Va. 504 · West Virginia Supreme Court · Dec 14, 1998

The specific and precise purpose for which the evidence is offered must clearly be shown from the record and that purpose alone must be told to the jury in the trial court’s instruction. … The jury was allowed to consider the evidence “only for the purpose of determining whether the State has proven and established the motive and intent of the Defendant.”

Miller v. Palmer

175 W. Va. 565 · West Virginia Supreme Court · Oct 23, 1985

NEELY, Justice: On 30 August 1983 the Wheeling City Council adopted Ordinance # 8003 establishing a fire service charge. … It is clearly the weight of authority, and it is expressly provided in our Constitution, that in the event of an inconsistency or conflict between a charter provision and a general law, the latter will prevail, ...”

WVDHHR v. V.P.

West Virginia Supreme Court · Mar 21, 2019

The majority has correctly recognized that the DHHR and its employees enjoy qualified immunity from suit for their negligent acts. See e.g., Syl. Pt. 6, in part, Clark v. Dunn, 195 W.Va. 272, 465 S.E.2d 374 (1995). … Accordingly, I concur in the majority’s conclusion that summary judgment on the basis of qualified immunity should be awarded to the DHHR and its two employees.

Security National Bank & Trust Co. v. Willim

152 W. Va. 27 · West Virginia Supreme Court · Jan 16, 1968

It is clearly provided that such title in the trustee shall terminate upon the death of the granddaughter. … It is well established that words used in a will should not be confined to their strict meaning when it is clear from a reading of the entire instrument that a more flexible connotation was intended.

State ex rel. Thompson v. McAllister

24 L.R.A. 343 · West Virginia Supreme Court · Nov 15, 1893

to say, that all electors are duly qualified to hold office. … But it is clearly within the power of the legislature, even if, as the counsel claim, “there is no good reason for such law.”

Tudor v. Charleston Area Medical Center, Inc.

203 W. Va. 111 · West Virginia Supreme Court · Dec 19, 1997

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … In the instant case, however, we believe the jury clearly blurred this line, and the jury clearly incorporated punitive damages into its calculation of actual damages.

In re A.L.

West Virginia Supreme Court · Apr 6, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … West Virginia Code § 49-4-604(c)(4) clearly provides that such circumstances exist when “[t]he abusing parent or parents have abandoned the child,” as is the case here.

In re K.B.-1, K.B.-2, and K.B.-3

West Virginia Supreme Court · May 12, 2022

During K.B.-1’s doctor visit, the doctor noted multiple deep scars on the child’s chest and back, very poor dental health, and a lack of immunizations. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Johnson v. Brown

13 W. Va. 73 · West Virginia Supreme Court · Apr 27, 1878

The one affords complete immunity from suit; the other removes the presumption of malice, and requires express malice to make it actionable. … In this case we consider the matter, alleged as libelous, Avas clearly relevant.

Capitol Business Equipment, Inc. v. Gates

155 W. Va. 260 · West Virginia Supreme Court · Oct 19, 1971

The petitioner, a dealer in office furnishings, fixtures and equipment, had been for many years prior to January 6, 1970 a registered and qualified vendor doing business with the State of West Virginia pursuant to the provisions … Principally, however, their answer relies on the failure of the petitioner to exhaust its administrative remedies which are clearly provided in Code, 1931, 5A-3-40, as amended.

David J. Riffle v. Shirley I. Riffle (now Miller)

235 W. Va. 430 · West Virginia Supreme Court · May 13, 2015

Turning to article twenty-seven, which addresses the prevention of domestic violence, we note initially that the acts which qualify as “domestic violence” or “abuse” are statutorily specified as distinct from the abuse … Mutual protective orders cannot be issued at the whim of the family court without qualifying allegations of domestic violence, or abuse, followed by evidentiary proof of those allegations.

County Commission of Fayette County v. Pardee and Curtin Realty LLC

West Virginia Supreme Court · May 22, 2026

Pardee asserted that it owned the surface tracts surrounding the piles and that its deeds to the tracts clearly excepted the environmentally contaminated areas. … As established in Abrams v. West Virginia Racing Commission, “W.Va.