March 31, 2010 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, March 31, 2010

1. Robert L. Sams v. City of White Sulphur Springs Board of Zoning Appeals - 091507 - Petitioner board appeals from the circuit court's order reversing its decision that respondent's use of certain property was a non-conforming use under pertinent zoning laws. Petitioner asserts that the circuit court erred by allowing the admission of new evidence at a hearing before the circuit court on respondent's petition for a writ of certiorari. Petitioner asserts that its decision was not clearly erroneous and that it could only act upon the record made before it. Grant 3-2 (Davis, Workman)

2. B.A. McClure and Cheryl McClure v. City of Hurricane and City of Hurricane Sanitary Storm Water Board - 100006 - The City of Hurricane and the City of Hurricane Sanitary Stormwater Board appeal the circuit court's order granting summary judgment in favor of plaintiffs B.A. and Cheryl McClure on plaintiffs' declaratory judgment action. The court ruled that a stormwater management ordinance does not apply to the residential subdivision that plaintiffs are developing. - Grant 4-1 (Ketchum)

3. State of West Virginia v. Elizabeth Dawn Thornton - 100043 - Elizabeth Dawn Thornton appeals her conviction for Child Neglect Causing Death. She asserts that the court erred by refusing to conduct a Daubert hearing and analysis; insufficient evidence of an element of the crime; the court erred by denying a motion for change of venue and a motion for mistrial because of publicity; and the court erred by denying mistrial motions when protected information was disclosed to the jury. - Grant 4-1 (Workman) (Assignments of error #2 and 4 only).