City of Princeton v. Samatha Stamper, No. 22853 and City of Princeton v. Samantha Stamper, No. 22880 (W. Va. December 13, 1995) (Recht, J.): 195 W.Va. 685, 466 S.E.2d 536:
Upholding the validity of a city ordinance requiring residents to pay a refuse disposal fee regardless of actual use, the Court held that W. Va. Code § 8-13-13 authorizes a municipality to enact an ordinance imposing a mandatory residential refuse collection and disposal fee regardless of actual use as a reasonable and valid exercise of its police power under such statute.
In re: The Petition of the City of Beckley to Annex, by Minor Boundary Adjustment, West Virginia Route 3 Right-of-Way Beginning at the Present Corporate Limits, No. 22596 (W. Va. July 11, 1995) (Miller, J.): 194 W.Va. 669, 460 S.E.2d 669:
Reversing an order invalidating a minor boundary adjustment pursuant to a challenge by non-freeholders, the Court held (1) the right to appeal a minor boundary adjustment is limited to the municipality and the freeholders of the area to be annexed and (2) a county commission generally enjoys broad discretion in determining the geographic extent of a minor boundary adjustment so long as a portion of the area to be annexed is contiguous to the municipality.
State of West Virginia ex rel Richard Keene v. Steven J. Jordan, individually and as Municipal Judge of the City of Kenova, et al., No. 22338 and State of West Virginia ex rel. Terry R. Spry v. Steven J. Jordan, individually and as Municipal Judge of the City of Kenova, et al., No. 22339 (W. Va. November 21, 1994) (McHugh, J.): 192 W.Va. 131, 451 S.E.2d 432:
Prohibiting the criminal prosecution of a railroad and a highway employee for violation of a city ordinance prohibiting blockage of a city street, the Court held that W. Va. Code § 17-4-1 grants the state commissioner of highways the exclusive authority and control over state roads and a city may not interfere with the legitimate exercise of such authority by prosecuting individuals participating in the closure of a railroad crossing under the authority and control of the state division of highways.
State ex rel. Clarksburg Municipal Building Commission and the City Council of the City of Clarksburg v. David E. Spelsberg, Secretary of the Clarksburg Municipal Building Commission, No. 22312 (W. Va. July 18, 1994) (Neely, J.): 191 W.Va. 553, 447 S.E.2d 16:
Approving plans for a city to construct a new municipal building using revenue bonds payable from rents paid by the city to its building commission, the Court held that W. Va. Const. art. X, § 8 does not prohibit a municipal building commission from issuing revenue bonds that are payable from rents from the municipality, when the contract is for a term of thirty years, permitting periodic payment as services are furnished, with nonbinding cancellation clauses such that there is no present indebtedness for the aggregate of all installments, and the contract can be terminated at the end of any fiscal year if the munipality decides not to appropriate funds.
Florence Nine and Dave Nine v. Grant Town, a municipal corporation; Gary Brownlee, Mayor; Melanie Thompson, Recorder; Bea Sullivan, Joe Retton, Arthur Puskas, Richard Gillespie, Gonzalo Lopez, as members of the Grant Town Council, No. 21559 (W. Va. October 15, 1993) (Miller, J.): 190 W.Va. 86, 437 S.E.2d 250:
Reversing a circuit court which invalidated a town's excise tax on public utilities, the Court held (1) because W. Va. Code § 8-13-13 is silent as to when publication should be made with regard to an ordinance, the general rule is that publication should be done in advance of the passage of an ordinance; (2) the publication requirements of W. Va. Code § 8-13-13 are only applicable to municipal ordinances imposing taxes authorized by that section; (3) the general publication provisions of W. Va. Code § 8-11-14(a)(2) are applicable to the enactment of a municipal tax ordinance not otherwise provided for by statute; and (4) the utility excise fee contained in W. Va. Code § 8-13-5a is distinct from the taxes contained in W. Va. Code § 8-13-13.
Rite Aid of West Virginia, Inc. v. The City of Charleston, etc., et al., No. 21498 (W. Va. July 15, 1993) (Neely, J.): 189 W.Va. 707, 434 S.E.2d 379:
Ruling unconstitutional an attempt by several municipalities to impose a liquor licensing fees, the Court held that whenever a provision of an ordinance conflicts with a statute, the statute prevails.
State of West Virginia ex rel. State Line Sparkler of WV, Ltd., etc., et al. v. William J. "Bucky" Teach, etc., et al., No. 20908 (W. Va. May 15, 1992) (Miller, J.): 187 W.Va. 271, 418 S.E.2d 585:
Reversing an order which prohibited magistrates from enforcing a county building ordinance, the Court held that (1) a grant of police power to a local government includes the right to punish violations of local ordinances by a fine or other appropriate penalty and (2) the delegation of legislative authority to local governments on matters of local concern does not violate the separation of powers provision of the state constitution.
Judy Butler, dba Butler Video, et al. v. Gregory Tucker, Prosecuting Attorney for Nicholas County, et al., No. 19998 (W. Va. April 2, 1992) (Brotherton, J.): 187 W.Va. 145, 416 S.E.2d 262:
Rejecting a constitutional challenge to a county obscenity ordinance enacted pursuant to W. Va. Code § 7-1-4, the Court held that county commission discretion regarding the adoption of an obscenity ordinance or regarding deletion of some of the statute's definitional language regarding what constitutes obscene material does not render W. Va. Code § 7-1-4 an unconstitutional usurpation or delegation of legislative authority.
Town of Burnsville, a municipal corporation v. Kwik-Pik, Inc., a West Virginia corporation; Seventy-Niner, Inc., a West Virginia corporation; and Roger M. Nettles, individually and as officer and shareholder of said corporations, No. 19901 (W. Va. July 25, 1991) (Miller, C.J.): 185 W.Va. 696, 408 S.E.2d 646:
In a case involving a constitutional challenge to a municipal tax ordinance, the Court held (1) the general rules of statutory construction apply to ordinances; (2) there is a general presumption that a lawfully adopted ordinance is valid when its subject matter is within a municipality's power; (3) the burden of proof is on the party asserting the invalidity of an ordinance; and (4) general rules of statutory construction apply to municipal tax ordinances, and strict construction should not be used to defeat tax legislation that is reasonably clear.
Debra Pritchard, Individually, and Joyce Ann Pritchard, an Infant under the age of eighteen years, by Debra Pritchard, her mother and next friend v. Manuel Arvon, Superintendent of Schools for the Boone County Board of Education, and the Board of Education of the County of Boone, No. 20202 (W. Va. December 12, 1991) (McHugh, J.): 186 W.Va. 445, 413 S.E.2d 100:
Rejecting a constitutional challenge to the Governmental Tort Claims and Insurance Reform Act, W. Va. Code § 29-12A-1, et seq., the Court held that the immunity provisions of the Act bear a rational relationship to the legitimate state purpose of reducing the cost of liability insurance for political subdivisions and that its provisions directing that the purchase of liability insurance by political subdivisions does not constitute a waiver of such immunity are not violative of equal protection principles.
Ann Randall, Adminstratrix of the Estate of Sandra C. Johnson, et al. v. Fairmont City Police Department, et al., No. 20089 (W. Va. December 12, 1991) (McHugh, J.): 186 W.Va. 336, 412 S.E.2d 737:
Rejecting a constitutional challenge to the Governmental Tort Claims and Insurance Reform Act, W. Va. Code § 29-12A-1, et seq., the Court held that the immunity provisions of the Act bear a rational relationship to the legitimate state purpose of reducing the cost of liability insurance for political subdivisions. On the other hand, where decedent was murdered outside the city police station after pleading with authorities for protection from her eventual assailant, the Court held that although W. Va. Code § 29-12A-5(a) (5) grants immunity to political subdivisions for "the failure to provide, or method of providing, police, law enforcement or fire protection[,]" it does not immunize the breach of a "special duty" to provide such protection to a particular individual, which presents an issue of fact.
Tom McCallister v. Robert Nelson, Mayor of the City of Huntington, West Virginia, No. 19761 (W. Va. October 31, 1991) (Brotherton, J.): 186 W.Va. 131, 411 S.E.2d 456:
Rejecting a challenge to the veto power granted a city's mayor in its charter, the Court held (1) the enumeration of powers granted in W. Va. Code § 8-1-7 does not exclude the exercise of other powers fairly incidental thereto or reasonably implied or consistent with the purposes of the West Virginia Municipal Code, and (2) a city charter provision which authorizes a mayoral veto is reasonably implied and fairly incidental to the powers enumerated in the West Virginia Constitution and the West Virginia Municipal Code.
Ergie Smith, Jr. v. The County Commission of McDowell County, sitting as a Board of Canvassers; Roy Jack (Johnny) Allen,; Sid Bell; and the McDowell County Board of Education, No. 19740 (W. Va. December 13, 1990) (Workman, J.): 184 W.Va. 328, 400 S.E.2d 572:
Reversing a decision to disqualify a school board candidate on the ground that an incumbent member had changed his residency shortly before the election to the same magisterial district as the disqualified candidate, the Court held that an incumbent school board member cannot change residence on or after the filing deadline to another magisterial district and retain his or her seat on the board to the exclusion of a candidate who has already filed to run for a vacant seat in such magisterial district and who has been elected.
Mabscott Volunteer Fire Department, Inc., a corporation v. Wayne Houck, Mayor, et al., No. 19366 (W. Va. November 9, 1990) (Brotherton, J.): 184 W.Va. 37, 399 S.E.2d 180:
Invalidating a volunteer fire department's attempt to avoid municipal oversight by amending its charter and by-laws, the Court held that although, under W. Va. Code § 8-15-1, et seq., a municipality may not dictate day-to-day operations or interfere with firefighter discipline, its governing body has the ultimate authority to appoint the department's commanding officers, including the fire chief, and to control its general affairs.
Ronald K. Smith and Sharon D. Smith, Elaine Mauck and Jesse Mauck, Jr., and Willis and Karen Smallwood v. Donald L. Bayer, Fred L. Blair, Robert S. Butler, Bill Cauffman, Bruce Dehaven, G. Ronald Dunham, Fred D. Gantt, Paul Gregory, Hugh B. Newbraugh, Michael W. Orr, Paul E. Payne, Jr., and Donald Sperow, as members of an unincorporated association known as the Berkeley County Planning Commission, No. 18684 (W. Va. December 21, 1989) (Workman, J.): 182 W.Va. 495, 388 S.E.2d 851:
Where landowners appealed the refusal of a circuit court to grant a writ of mandamus to compel a county planning commission to rescind a permit for the operation of a salvage yard, the Court held that, despite statutory authority for certiorari review of the decision to grant the permit, because the planning commission failed to follow the notice provisions of the applicable ordinance and the period for application for certiorari had expired, mandamus was an appropriate remedy.
Boothsville Volunteer Fire Department v. Marion County Fire Board, Inc., No. 18920 (W. Va. December 21, 1989) (Workman, J.): 182 W.Va. 406, 387 S.E.2d 873:
In affirming circuit court's order allowing a volunteer fire department to withdraw from county fire board and enjoining such board from collecting fire service fees in department's service area, the Court held that W. Va. Code § 17-17-a, et seq., does not require mandatory membership of volunteer fire departments in a county fire board, and, unless prohibited by the board's articles of incorporation or corporate bylaws, volunteer fire departments may withdraw from county fire boards without causing their dissolution.
State of West Virginia ex rel. The McDowell County Correctional Officers' Association v. Earl Yeager, Sheriff of McDowell County, and the McDowell County Commission, No. 18865 (W. Va. December 15, 1989) (Workman, J.): 182 W.Va. 370, 387 S.E.2d 837:
In this opinion, the Court reversed a trial court decision that county correctional employees, such as jailers, cooks, and janitors, who must work legal holidays, are entitled to holiday pay or compensatory time.
Angus E. Peyton and James F.B. Peyton v. City Council of the City of Lewisburg; Joseph C. Turley, Michael McClung, William Goodwin, Paul Cooley and Thomas Campbell, Members of the City Council of Lewisburg, No. 19203 (W. Va. November 30, 1989) (Miller, J.): 182 W.Va. 297, 387 S.E.2d 532:
Where landowners requested city to annex property in effort to block construction of a shopping mall, the Court held that the "one-hundred-inhabitant" requirement in W. Va. Code § 8-2-1 is mandatory for annexation of territory of less than one square mile under W. Va. Code § 8-6-4.
Randolph L. Wolfe and Rose Marie Wolfe v. City of Wheeling, No. CC997 (W. Va. November 20, 1989) (McHugh, J.): 182 W.Va. 253, 387 S.E.2d 307:
Where the plaintiffs' home, located 200 yards outside city limits, burnt to the ground after the municipal fire department, to which plaintiffs had paid fee, failed to respond to emergency call, the Court held that, in order to establish a "special duty" owed by a local governmental entity to an individual, the following elements must be demonstrated: (1) assumption by the entity, through promises or actions, of an affirmative duty to act on behalf of the individual injured; (2) knowledge by the entity that inaction could cause injury; (3) direct contact between the entity and the individual injured; and, (4) justifiable reliance by the individual injured on the entity's assumption of an affirmative duty. Whether a "special duty" exists, held the Court, is a question of fact.
State of West Virginia ex rel. Paul Lambert, Clerk of the Circuit Court of McDowell County, West Virginia v. George M. Cortellessi, President, Jerry K. Horne, Commissioner, and Robert D. Lewis, Commissioner, of the County Commission of McDowell County, West Virginia and State of West Virginia ex rel. Sarah N. Hall, Prosecuting Attorney of McDowell County, West Virginia v. George M. Cortellessi, President, Jerry K. Horne, Commissioner, and Robert D. Lewis, Commissioner, of the County Commission of McDowell County, West Virginia, No. 18907 and Robert E. Pasley, Duly Elected Clerk of the County Commission of Wayne County v. Pearl E. Booth, Don W. Bias and Billy J. Wellman, as Duly Elected Members of the County Commission of Wayne County, and the County Commission of Wayne County, a statutory corporation, No. 18958 (W. Va. November 3, 1989) (McHugh, J.): 182 W.Va. 142, 386 S.E.2d 640:
In cases raising the issue of county commission control over the salaries of the employees of county officers, the Court held that (1) county commissions may be compelled by writ of mandamus to "give due consideration" to the duties of employees of county officers where the budgets of those officers have been arbitrarily fixed without consultation regarding the funds "necessary and proper" to the performance of their statutory obligations; (2) circuit clerks are county officers whose budget is fixed by the county commission; and, (3) county officers may recover attorney fees incurred in a mandamus proceeding to compel county commission consultation regarding budgetary matters.