Wednesday, February 7, 2001

1. Mark Stricklin, et al. v. Kenneth B. Meadows, et al  - 28480 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants and disallowing an easement and right-of-way in this real property dispute. 

2. John D. Sergent, Adm. v. City of Charleston, et al. - 28479 - The petitioner, John Sergent, appeals the summary judgment order dismissing his claims against the Cities of Charleston and St. Albans and their respective officers based on the public duty doctrine and immunity under W.V. Code 29-12A-5. Mr. Sergent argues that the defendant officers acted without due regard for the safety of the decedent and general public and that summary judgment was improper - Continued to April 3, 2001.

3. Board of Review of Employment Programs, et al. v. Cathy S. Gatson, Circuit Clerk, et al.  - 28457 - Petitioners seek a reversal of the circuit's order directing that attorney's fees be paid by the Unemployment Compensation Division to respondent, Joseph Panacci. Petitioners assert that there is no West Virginia law to justify such an award. 

4. Christina Napier v. Lincoln County Board of Education  - 28486 - Petitioner appeals from the circuit court's order affirming the decision of the West Virginia Education and Employee's Grievance Board that positions funded by a federal grant are not regular school board positions and are, therefore, outside the jurisdiction of the grievance procedure.

5. Nicholas Loan & Mortgage, Inc. v. W. Va. Coal Co-op, Inc., et al. - 28487 - The plaintiff appeals from the circuit court's order granting summary judgment in favor of defendant, David Ray, but which gave plaintiff's liens against the other defendants priority over David Ray's liens.

6. DK Excavating, Inc. v. Michael Miano, Director, WV Div. of Environmental Protection - 28478 - TThe Division of Environmental Protection ("DEP") appeals from the circuit court's order reversing the decision of the West Virginia Surface Mine Board, which upheld the DEP's decision that the activity described in plaintiff's application constituted "surface mining" for which a permit is required by West Virginia law.

7. Randy D. Ammons, et al. v. Landmark Builders, Inc.  - 28483 - This is a personal injury action from the Circuit Court of Berkeley County wherein the petitioners, Randy D. Ammons and Patricia Lynn Ammons, appeal from a jury verdict finding Mr. Ammons 52% negligent and the respondent, Landmark Builders, Inc., 48% negligent. The action arose when Mr. Ammons was injured while working at a new home construction site. The petitioners contend, inter alia, that the verdict of the jury was not supported by the evidence.  - Dismissed.

8. Evelyn (Hartwick) Steel v. Frank L. Hartwick, Jr. - 28489 - The petitioner, Frank L. Hartwick, Jr., appeals from an order entered in the Circuit Court of Berkeley County refusing his request for reimbursement of child support paid to his former wife, respondent Evelyn (Hartwick) Steel. The petitioner sought reimbursement (for the period July 1995 through August 1997) because the children received a social security disability award for that period, based upon the petitioner's work injury. The Circuit Court determined that a reimbursement would be inequitable. - To be presented on briefs only without oral argument.

9. Mary Leanette (Williams) Cook v. Stephen James Williams  - 28484 - The petitioner, Mary Leanette ( Williams ) Cook, seeks an appeal, or relief in mandamus, in this Court from a summary judgment entered in the Circuit Court of Randolph County in favor of the respondents, Stephen James Williams and Arlene Williams. The petitioner and respondent Stephen James Williams were divorced, and the controversy herein concerns the enforcement of the petitioner's one-half undivided interest in the former marital real property.

10. (*) SER League of Women Voters of WV, et al. v. Earl Ray Tomblin, Pres., WV State Senate 27905 - League of Women Voters, et al., petition for a Writ of Mandamus, seeking to have the budget digest statute, W.Va. Code § 4-1-18, as it is being applied, declared unconstitutional as violative of W.Va. Const., Art.VI, § 51;Art. X, § 3; Art. VII, § 15 and W.Va. Code § 6-9A-3.

(*) This case will be heard at 2:00 p.m.