DAVIS , Chief Justice : Petitioner, PNGI Charles Town Gaming, LLC, d/b/a Hollywood Casino at Charles Town Races (hereinafter "PNGI"), appeals a decision of the Circuit Court of Kanawha County that granted summary judgment to the respondent, the West Virginia Racing Commission (hereinafter "the Racing Commission"), and upheld two administrative rules promulgated by the Racing Commission without legislative approval. The two rules relate to the Racing Commission's review of a racing...
DAVIS, Chief Justice: This matter was brought under the original jurisdiction of this Court by Patrick Morrisey, Attorney General of West Virginia. The Attorney General seeks a writ of prohibition against the Office of Disciplinary Counsel and the West Virginia Lawyer Disciplinary Board (collectively "ODC") to prevent ODC from enforcing an informal advisory opinion that it issued. 1 The informal advisory opinion determined that the Attorney General did not have authority to prosecute criminal...
DAVIS, Chief Justice: The petitioner herein, the West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement [hereinafter "BCSE"], appeals from an order entered July 16, 2013, by the Circuit Court of Wood County. 1 By that order, the circuit court remanded the case to the Family Court of Wood County with instructions to enforce the circuit court's order, entered in the underlying abuse and neglect case, modifying the child support obligation of the...
DAVIS, Chief Justice: This criminal appeal was filed by Mitchell Coles (hereinafter "Mr. Coles") from an order of the Circuit Court of Monongalia County that denied his Motion for Correction of Sentence. Mr. Coles' motion sought to vacate one of two felony charges he pled guilty to under Case No. 99-F-28. Mr. Coles argued below and now on appeal that the two felony convictions violated double jeopardy principles. After a careful review of the briefs, the record submitted on appeal and...
DAVIS, Chief Justice: This action against several corporate entities who operate Heartland Nursing Home in Charleston, West Virginia (hereinafter collectively referred to as "MC Companies"), 1 involves claims of negligence; violations of the West Virginia Nursing Home Act, W. Va. Code 16-5C-1 et seq.; and breach of fiduciary duty, arising from injuries to and the death of Ms. Dorothy Douglas, who had been a resident of Heartland Nursing Home. MC Companies appeal the circuit court's denial...
BENJAMIN, Justice: This original proceeding in prohibition is before this Court upon the petition of Linda York, a licensed real estate appraiser, who asks this Court to direct the West Virginia Real Estate Appraiser Licensing and Certification Board ("the Board") to dismiss with prejudice the pending disciplinary complaints filed against her. Some of these complaints have their origins in actions taken by the petitioner as far back as 2001. The petitioner steadfastly denies that she...
DAVIS, Chief Justice. In this proceeding, twenty-five plaintiff families (hereinafter collectively "the Petitioners") 1 have invoked the original jurisdiction of this Court to obtain a writ of prohibition to prevent enforcement of an order by the Mass Litigation Panel (hereinafter "the Panel"). The Petitioners were referred by the Chief Justice of this Court to the Panel as two civil actions consisting of nineteen plaintiff families in one action, and six plaintiff families in the other. The...
PER CURIAM: The petitioners herein and petitioners below, C.B. 1 (hereinafter "Mother") and W.B. (hereinafter "Stepfather"), appeal from an order entered April 18, 2013, by the Circuit Court of Harrison County. By that order, the circuit court denied the petitioners' motion to terminate the parental rights of the respondent herein and respondent below, G.R. (hereinafter "Father"), 2 and denied their motion to allow Stepfather to adopt the minor child. On appeal to this Court, the petitioners...
PER CURIAM: This case was brought under the original jurisdiction of this Court by Montpelier U.S. Insurance Company and Charlston, Revich & Wollitz LLP (collectively "Petitioners"), seeking a writ of prohibition to prevent enforcement of a discovery order of the Circuit Court of Kanawha County. 1 The circuit court's order required the Petitioners to disclose allegedly privileged documents to the plaintiffs below: James M. Buckland's B & B Transit, Inc.; B & D Salvage, Inc.; and Tim's Salvage,...
DAVIS, Chief Justice: The petitioners herein and plaintiffs below, Domenick Marrara, Jr., and Sandra Jean Marrara, individually and as co-trustees 1 of the Domenick Marrara, Jr., Trust (hereinafter "the Trust"), as well as the Trust, itself, appeal from an order entered February 19, 2013, by the Circuit Court of Preston County. By that order, the circuit court determined the fair market value of the Trust's distributional interest in the respondent herein and defendant below, Ripley...
DAVIS, Chief Justice: The petitioners herein, Skyline Corporation (hereinafter "Skyline") and AAA Mobile Homes, Inc. of New Martinsville (hereinafter "AAA Homes"), 1 request this Court to issue a writ of prohibition to prevent the Circuit Court of Pleasants County from enforcing its April 25, 2013, order. By that order, the circuit court denied the petitioners' motion to dismiss the complaint filed against them by the respondents herein, Thomas R. Likens and Lori Likens (hereinafter "Mr....
