Davis , Justice : In this case, the Monongalia County Board of Education challenges a ruling by the Circuit Court of Monongalia County that found a county board of education could not contract with a Regional Education Service Agency ("RESA") to provide educational interventionists to county elementary and middle school students when those interventionists are hired by the West Virginia Board of Education ("State Board") operating through a RESA. The circuit court rested its conclusion on...
Davis , Justice : The petitioners herein and defendants below, Sugar Rock, Inc., et al. (collectively, "Sugar Rock"), 1 appeal from an order entered January 16, 2015, by the Circuit Court of Ritchie County. By that order, the circuit court granted partial summary judgment to the respondents herein and plaintiffs below, D. Michael Washburn, et al. (collectively, "the Minority Partners"). 2 More specifically, the circuit court determined that the subject parties' partnerships should be...
Ketchum , Chief Justice : The action underlying this appeal was brought by Wendy J. Miller, 1 John A. Elmore, B. Wayne Thompson, Ovid Need, and Bonnie Haggerty, citizens of Hardy County (collectively "Hardy County Citizens"), respondents herein, seeking to remove two commissioners serving on the Hardy County Commission ("Commission" or "the Commission"), and to void the Commission's purchase of a building and its imposition of a Special Emergency Ambulance Service Fee ("Ambulance Fee")....
DAVIS , Justice : The petitioner herein and defendant below, Ford Motor Company ("Ford"), requests this Court to issue a writ of prohibition to prevent the enforcement of orders entered October 5 and 21, 2015, by the Circuit Court of Wyoming County and to dismiss Ford from the underlying civil action. By those orders, the circuit court denied Ford's motion to dismiss the underlying complaint against it for lack of personal jurisdiction. Before this Court, Ford contends the circuit court...
KEADLE , Acting Chief Justice : Petitioner Brent D. Benjamin is a Justice of the Supreme Court of Appeals of West Virginia and a candidate seeking re-election to the Court in the upcoming May 10, 2016, non-partisan election. Although Justice Benjamin began his election campaign as a "traditional candidate," i.e., a candidate financed by contributions from supporters, he later made the decision to enter the West Virginia Supreme Court of Appeals Public Campaign Financing Program, W. Va....
DAVIS , Justice : The petitioner herein and plaintiff below, Judith D. Ward ("Judith Ward"), appeals from an order entered January 29, 2015, by the Circuit Court of Hampshire County. By that order, the circuit court granted relief to Judith Ward upon her action for unlawful detainer against the respondent herein and defendant below, Susan K. Ward ("Susan Ward"). In granting such relief, the circuit court further ordered Judith Ward to pay Susan Ward $50,000 for the cost of the log cabin...
DAVIS , Justice : Pristine Pre-Owned Auto, Inc. ("Pristine"), petitioner herein and plaintiff below, appeals an order of the Circuit Court of Mineral County denying its complaint seeking a writ of mandamus 1 to compel the return of items seized by West Virginia State Police Trooper M.L. Travelpiece ("Trooper Travelpiece"), respondent herein and defendant below, in his execution of a search warrant at Pristine's business premises. Also named as a defendant below and appearing as a...
DAVIS , Justice : The petitioners herein, American Electric Power Co., Inc., et al. (collectively, "AEP"), request this Court to issue a writ of prohibition to prevent the enforcement of an order entered August 5, 2015, by the Circuit Court of Mason County. By that order, the circuit court denied AEP's motion to dismiss based upon forum non conveniens. 1 Before this Court, AEP contends that the circuit court erred by refusing to dismiss the underlying complaint pursuant to the forum non...
DAVIS , Justice : This appeal was filed by William L. Gill ("Mr. Gill") from an adverse final order of the Workers' Compensation Board of Review ("the Board"). The Board's order reversed a decision by the Workers' Compensation Office of Judges ("the OOJ"), which had added four new diagnoses to Mr. Gill's initial compensable claim for a lumbar and thoracic sprain injury. The Board found that the additional four diagnoses were noncompensable preexisting conditions. In this appeal, Mr. Gill...
DAVIS , Justice . The petitioners herein, Wheeling Hospital, Inc.; David A. Ghaphery, M.D.; and A.D. Ghaphery Professional Association (collectively, "Wheeling Hospital"), seek a writ of prohibition to preclude the enforcement of an order entered February 26, 2015, by the Circuit Court of Ohio County. By that order, the circuit court directed Wheeling Hospital to disclose to the respondent herein, Stephanie Mills ("Ms. Mills"), various documents it claimed to be subject to the peer review...
