1. Kimberly Ferrell v. Sharon Rigleman, No. 020780. Petitioner, Kimberly Ferrell, appeals from the decision denying her request for reinstatement to her position as the assistant to respondent, Boone County Magistrate Sharon Stone Riggleman. Petitioner asserts that respondent terminated her employment due to petitioner’s disability and respondent’s refusal to accommodate that disability.

Refuse 3-2
[ Starcher, J., Albright, J. ]

 

2. State of West Virginia ex rel. v. Michelle Lynn P., a juvenile, No. 020670. The juvenile petitioner appeals from the sentence imposed by the circuit court committing her to the Industrial Home for Youth following her guilty plea to three (3) counts of uttering a forged writing.

Accept To Motion Docket

 

3. Bonnie Niess v. E-Z Pool & Marina, Inc. - No. 020626. Plaintiffs appeal from the circuit court’s order granting defendants’ motion for summary judgment and dismissing the plaintiffs’ personal injury action.

Accept To Motion Docket

 

4. City National Bank v. City of Beckley - No. 020631. Petitioner Bank appeals from the circuit court’s order affirming the administrative decision of the City of Beckley regarding the City’s assessment against the Bank for municipal B & O tax.

Grant 4-1
[ Starcher, J. ]

 

5. Victor Grigoraci v. Phyllis Gatson, Assessor - No. 020638. Petitioners, the Kanawha County Assessor and the Kanawha County Commission, appeal from the circuit court’s order declaring that respondent’s accounts receivable were exempt from taxation for the period of July 1, 1993, through June 30, 1997. Petitioners assert that such ruling threatens counties with the loss of hundreds of thousands of dollars in revenue.

Accept To Motion Docket

 

6. Victor Grigoraci v. Phyllis Gatson, Assessor - No. 020637. The State Tax Commissioner appeals from the final order of the circuit court which held that intangible personal property has been completely exempt from ad valorem taxation since July of 1993.

7. Retail Designs, Inc. v. West Virginia Division of Highways - No. 020641. The Division of Highways appeals from the circuit court’s order directing that an access road to a commercial facility, which is located entirely upon a DOH right-of-way, be closed. Retail Designs, Inc. obtained an injunction arguing that the access road was for a private purpose and created a burden on its neighboring property.

Grant 5-0

 

8. Retail Designs, Inc. v. West Virginia Division of Highways- No. 020642. Petitioners appeal from the circuit court’s ordering granting respondent’s request for a permanent injunction that prohibits the Division of Highways from using an access road into the One-Gateway Shopping Center located off of U.S. Rt. 19 in Summersville.

Grant 5-0

 

9. Mandy J. McKinney v. Wal-Mart Stores, Inc. - No. 020648. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this wrongful discharge action.

Refuse 4-1
[ McGraw, J. ]

 

10. In the matter of: The Petition of William David L. for the adoption of Hannah Catherine E. - No. 020649. Petitioner appeals from the circuit court’s order allowing his biological child to be adopted by the child’s stepfather on the basis that the child had been abandoned by petitioner within the meaning of W.Va. Code §48-4-3(c).

Refuse 5 - 0

11. James Dunlap v. Friedman’s, Inc. - No. 020651. Plaintiffs appeal from the circuit court’s order dismissing their West Virginia Consumer Credit and Protection Act claims on the basis of the statute of limitations. Plaintiffs alleged that defendant, Friedman’s Inc., actively concealed charges for certain insurance products from consumers who purchased goods from the company’s retail stores.

Accept To Motion Docket

 

12. Angela D. Hollen v. Hathaway Electric, Inc. - No. 020664. Plaintiff appeals from the circuit court’s supplemental judgment order awarding plaintiff’s counsel attorney’s fees in the amount of $6,700 for 67 hours time at the rate of $100 per hour. Plaintiff’s counsel had requested attorney’s fees in the amount $20,800 for 104 hours at $200 per hour. It is from this supplemental judgment order that plaintiff appeals.

13. Preston Memorial Hospital v. Joseph M. Palmer - No. 020666. The State Tax Commissioner appeals from the circuit court’s order which held that amounts paid by Preston Memorial Hospital to Quorum Health Services, Inc. for the services of a Chief Executive Officer and a Chief Financial Officer were exempt from use tax.

Grant 4-1
[ Albright, J. ]

 

14. Taylor County Board of Education v. Marion County Board of Education and Thomas Long - No. 020667. In this certified question case, the petitioner, Taylor County Board of Education, appeals from a ruling of the Circuit Court of Taylor County to the effect that the Marion County Board of Education may establish bus stops within Taylor County to transport student residents of Taylor County to Marion County schools. The petitioner contends, inter alia, that, in so ruling, the Circuit Court committed error by failing to properly apply W.Va. Code, 18-5-13(6)(b) [1997], which statute indicates that the transportation of such students must be by "agreement" between county boards of education.

Grant 3-2
[ Davis, C.J., Maynard, J. ]

 

15. State of West Virginia v. Douglas Kuhn - No. 020676. The petitioner, Douglas Kuhn, appeals from an order entered in the Circuit Court of Berkeley County affirming his magistrate court conviction of domestic battery and sentence thereon of four months in jail. The alleged victim of the offense was the petitioner’s wife. The petitioner contends, inter alia, that it was error for the magistrate court, during his sentencing hearing, to consider a letter from a physician suggesting that the victim had also been sexually abused.

Refuse 5 - 0

16. Marilyn L. Greenlief v. Chad A. McDougal & Carrie A. McDougal - No. 020689. The petitioner-plaintiff, Marilyn Greenlief, appeals from a summary judgment entered in the Circuit Court of Harrison County in favor of the respondent-defendants, Chad A. McDougal and Carrie A. McDougal. The controversy concerns a driveway and parking area located upon the parties’ common boundary and the petitioner’s claim thereto (as to the respondents’ portion of the area) based upon prescriptive easement and adverse possession. The petitioner contends that the Circuit Court committed error in emphasizing the fact that, many years earlier, the petitioner obtained permission to use the property from the respondents’ predecessor in title.

Refuse 4-1
[ Albright, J. ]

 

17. Michael E. Heitz v. William E. Clovis, II & Clovis Motor Co. - No. 020693. The petitioner-plaintiff, Michael E. Heitz, appeals from an order of the Circuit Court of Wood County entering judgment in favor of the respondent-defendants, William E. Clovis and Clovis Motor Co. The petitioner alleged that he was entitled to a sales commission from the respondents because he furnished them with the name of an individual who ultimately purchased the respondents’ corporate assets. The Circuit Court, however, ruled that, inasmuch as the respondents were already aware of that individual, the petitioner was not entitled to the commission. The petitioner contends that, in so ruling, the Circuit Court, improperly added terms to the commission agreement between the petitioner and the respondents.

Grant 3-2
[ Davis, C.J., Maynard, J. ]

 

18. SER Kenneth Carter v. William Fox, Warden - No. 020695. The petitioner, Kenneth Carter, filed an original habeas corpus petition in this Court challenging the revocation of his parole by the respondent, West Virginia Parole Board. The petitioner contends, inter alia, that the State failed to prove that he, in fact, committed any violations of law during the period he was on parole.

Refuse 5 - 0