Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, January 23, 2008
1. Donald L. Largent v. Zoning Bd. Of Appeals for the Town of Paw Paw, and the Town of Paw Paw - 072430 - Plaintiff appeals the circuit court's order granting summary judgment in favor of the respondent town and zoning board on the issue of validity of a zoning ordinance. Plaintiff argues that the ordinance is void ab initio because a comprehensive land development plan was not adopted prior to or contemporaneous with the ordinance. - Grant 5 - 0.
2. Charles V. Beahm, Jr., et al. v. 7-Eleven, Inc., a corporation and Melissa Spinks - 072479 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant in this tort action arising out of an underground gasoline storage tank leak. Plaintiffs assert that the circuit court misapplied res judicata and erred in holding that plaintiffs have suffered no damages under West Virginia law. - Grant 5 - 0.
3. Paul E. Forshey and Melissa L. Forshey v. Theodore A. Jackson, M.D. - 072541 - Plaintiff appeals the dismissal of his medical malpractice lawsuit based upon the 10 year statute of repose of W.Va. Code § 55-7B-4(a). He argues that his suit should not be dismissed based upon the continuous medical treatment doctrine, the continuing tort doctrine, or the discovery rule. - Grant 4 - 1, Benjamin.
4. Richard and Sandra Bleigh, et al. v. Marion County Commission, et al. - 072481 - Defendant County Commission appeals from the circuit court's adverse rulings on various post-trial motions in this action for breach of an oral contract concerning the extension of a waterline. The jury returned a verdict in favor of plaintiffs finding that the County Commission had breached their contract with plaintiffs and was obligated to pay plaintiffs $20,000 for the cost of installing a waterline to plaintiffs' properties. - Refuse 5 - 0.
5. State of WV v. Gloria Jean Willett - 072496 - Defendant appeals her convictions on three counts of possession of a controlled substance (Oxycodone) with intent to deliver; one count of possession of a controlled substance (Alprazolam) with intent to deliver; and, one count of conspiracy to commit a felony. Defendant asserts that the circuit court erred by not allowing her daughter to testify as an expert on "drug hoarding" and erred by permitting the introduction of 404(b) evidence. - Grant 3 - 2, Maynard & Davis, granted as to assignment #2 only.
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