1. Charlie L. Tosh v. State Farm Mutual Automobile Ins., No. 002759. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendant and from the circuit court’s denial of their motion for partial summary judgment and declaratory judgment.

Refuse 4-1
[McGraw, C.J.]

2. Kent A. Gerver v. Ancil G. Ramey, Esq., No. 010097. Plaintiffs appeal from the circuit court’s order dismissing their action alleging abuse of process, bad faith, a violation of the West Virginia Unfair Claims Practice Act and the tort of law suit abuse - civil rights violation.

Refuse 4-1
[McGraw, C.J.]

3. UMLIC-2 Funding Corp. v. John Yoder, No. 010100. Defendant appeals from the circuit court’s denying defendant’s motion to quash as well as his claim of exemption from execution in this action to enforce a foreign judgment.

Refuse 4-0
[Davis, J., Disqualified]

4. American Tower Corporation v. Common Council of the City of Beckley, No. 010102. Petitioner, Common Council of the City of Beckley, appeals from the circuit court’s order granting the petition for certiorari filed by respondent, American Tower Corporation, and reversing petitioner’s denial of a conditional use permit for the building of a telecommunications tower.

Grant 5-0

5. Cheryl Wolfe v. Hear Say, Inc., No. 010118. Defendant appeals from the circuit court’s order awarding judgment by default in favor of plaintiffs as to liability.

Refuse 4-0
[Albright, J., Disqualified]

6. State of West Virginia v. William Severn, No. 010062. Defendant appeals from his convictions for multiple sexual offenses for which he was sentenced to a period of not less than 15 nor more than 35 years.

Accept for Motion Docket

7. Gary Frantz d/b/a Frantz Lumber Company; Gary W. Frantz d/b/a Tri-State Logging Company and Tri-State Logging, Inc. v. Joseph M. Palmer, State Tax Commissioner, No. 010152. The petitioners, Gary Frantz, et al., appeal from an order entered in the Circuit Court of Kanawha County granting the motion of the State Tax Department to dismiss the petitioner’s appeal to the Circuit Court for failure to file an appeal bond as required by W.Va. Code, 11-10-10 [1986]. The underlying case concerns a tax assessment against the petitioner for unpaid business and occupation tax, severance tax and franchise tax. The petitioners contend that they should have been allowed to proceed in Circuit Court without bond or with a reduced bond. In addition, the petitioners contend that W.Va. Code, 11-10-10 [1986], is unconstitutional because it provides that only the Tax Commissioner has the discretion to waive or reduce the appeal bond, thus giving the Tax Commissioner, and not the Circuit Court, control over a taxpayer’s ability to appeal.

Grant 5-0

8. Claude R. Morris v. George Trent, Warden, No. 010121. The petitioner, Claude Ray Morris, appeals from an order entered in the Circuit Court of Mingo County denying him relief in habeas corpus. In the underlying proceeding, the petitioner was convicted of two counts of first degree murder (without mercy), one count of unlawful wounding and one count of assault. His direct appeal to this Court was refused in 1997. The petitioner contends, inter alia, that the habeas court erred in upholding the trial court’s finding that the petitioner was competent to stand trial.

Accept for Motion Docket

9. Thomas V. Smith v. Blair E. Smith, Sr., No. 010123. The petitioner, Thomas Smith, appeals from an order entered in the Circuit Court of Mineral County holding that the respondent, Blair Smith, Sr., was entitled to specific performance of an unsigned written agreement wherein the parties promised to convey right-of-ways to each other with regard to their adjoining properties. In so ruling, the Circuit Court determined that, inasmuch as the respondent performed his part of the agreement, the statute of frauds would not apply to preclude the petitioner from being required to perform his part of the agreement, i.e., to convey certain right-of-ways to the respondent. The petitioner contends that the Circuit Court erred in finding that the statute of frauds did not apply to bar the agreement between the parties.

Refuse 4-1
[McGraw, C.J.]

10. Stewart B. Law v. Allegheny Power Company, No. 010129. The petitioner, Stewart B. Law, Jr., appeals from a summary judgment entered in the Circuit Court of Upshur County in favor of the respondents, Allegheny Power Company and the State of West Virginia. The Circuit Court held that the petitioner did not have an enforceable right-of-way or easement through a locked access road to the petitioner’s 15 acre tract of land near Stone Coal Lake in Upshur County. The petitioner contends, inter alia, that his right-of-way or easement is enforceable because it was specifically and expressly reserved in the deeds in the petitioner’s chain of title.

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

11. Henry Conner v. Pound, Conner, Lucas, Andreozzi, Inc., d/b/a Drulane, Palmer & Smith, No. 010119. Foreign corporate defendant seeks to overturn default judgment on the grounds that it never received service of process.

Grant 5-0

12. In the interest of Christopher M.:, No. 010037. Sixteen year old child seeks to appeal order placing him in the custody of the West Virginia Department of Health and Human Resources.

Refuse 4-1
[Davis, J.]

13. State of West Virginia v. Bryan Keith McClead, No. 010235. Defendant appeals his conviction for breaking and entering on the grounds that the lower court refused to give an instruction on criminal trespass.

Refuse 4-1
[Albright, J.]