West Virginia Human Rights Commission on its own Behalf and on Behalf of Jr. Mitchell v. John Garretson, No. 23078 (W. Va. February 15, 1996) (Cleckley, J.): 196 W. Va. 118, 468 S.E.2d 733:
Reversing the dismissal of a housing discrimination suit not instituted within the thirty-day period prescribed by W. Va. Code § 5-11A-13(o)(1), the Court held that (1) Human Rights Commission complainants have a property interest in their complaints that cannot be extinguished except by a ruling on the merits or upon a showing of good cause related to the complainants' actions or failure to act and (2) dismissal of a housing discrimination suit, which has been timely and properly filed with the Human Rights Commission, because of its failure to timely remove the case to circuit court as provided W. Va. Code § 5-11A-13(o)(1), would deprive the complainant of his or her property interest in the resolution of the complaint without due process of law, and is therefore improper.
Larry E. Paxton v. State of West Virginia Department of Tax and Revenue, No. 22218 (W. Va. November 23, 1994) (Miller, J.): 192 W.Va. 213, 451 S.E.2d 779:
Affirming a circuit court ruling that the State has an obligation to ensure that its lottery outlets are physically accessible to the disabled, the Court held that because the Lottery Commission is a public entity within the meaning of the Americans with Disabilities Act and provides an aid, benefit, or service on a continuing basis to its licensees, its licensing of lottery outlets is governed by 28 C.F.R. § 35.130(b)(1), which precludes a public entity that provides any aid, benefit, or service from allowing disability discrimination through contractual, licensing, or other arrangements.