WV Supreme Court, Misc. Motions, October 8, 2009

1.	Thomas E. Buck Jason P. Pockl (Counsel for Petitioners) Jamie S. Alley (Sen. Asst. Atty. Gen.) Marshall - Hummel West Virginia Human Rights Commission Grant 4 - 1 (Workman, J.)	Petitioner in State ex rel. Marshall County Commission and Marshall County Communication 911 v. Phyllis H. Carter, Administrative Law Judge, West Virginia Human Rights Commission, and John R. Briggs, No. 091323, seeks a writ of prohibition to challenge an order to produce minutes and/or recordings of the executive sessions of the Marshall County Commission wherein specific personnel matters were discussed.
2.	Scott E. Johnson (Counsel for Petitioner) William C. Brewer (Counsel for Elks Lodge #482, Inc.) J. Michael Benninger (Counsel for Buck’s, Inc.) Joseph M. Ward (Counsel for Diamond Game Enterprises) Kanawha - Zakaib [See next motion] Refuse 5 - 0	Tax Commissioner in State of West Virginia ex rel. Christopher G. Morris v. The Honorable Paul Zakaib, No. 091361, seeks a writ of prohibition to challenge a circuit court stay of the Commissioner’s revocation of the charitable bingo and raffle licenses of Elks Lodge #482 located in Harrison County and assessment of a $100,000 civil penalty against the Lodge.
3.	Ronald R. Brown (Counsel for Petitioner) William C. Brewer (Counsel for Elks Lodge #482, Inc.) J. Michael Benninger (Counsel for Buck’s, Inc.) Joseph M. Ward (Counsel for Diamond Game Enterprises) Kanawha - Zakaib [See previous motion] Refuse 5 - 0	Petitioner Commissioner in State of West Virginia ex rel. Dallas S. Staples, Commissioner, West Virginia Alcohol Beverage Control Administration v. The Honorable Paul Zakaib, Jr., No. 091363, seeks a writ of prohibition to challenge a circuit court stay of the Commissioner’s suspension of the Private Club License of Elks Lodge #482 until the Court rules on the Commissioner’s motion to dismiss for failure to exhaust administrative remedies.
4.	Charlene A. Vaughan Charles Dunn Joshua Martin Mary McQuain (Counsel for Petitioner WVDHHR) Daniel F. Hedges (Counsel for Respondent) Kanawha - Bloom Refuse 5 - 0	Petitioner DHHR in E.H. v. Kahn Matin, M.D., No. 09-060, seeks a stay of three orders of the circuit court..
5.	L. Wayne Williams Ronald R. Brown Scott Johnson (Counsel for Commissioner) William C. Brewer (Counsel for Elks Lodge #482, Inc.) J. Michael Benninger (Counsel for Buck’s, Inc.) Kanawha - Stucky Refuse 5-0 Buck’s Inc.’s Cross Petition for a Writ of Mandamus and Application for a Stay No. 091533 Refuse 5-0	Lottery Commissioner in State of West Virginia ex rel. John C. Musgrave, Director of the West Virginia Lottery Commission v. The Honorable James C. Stucky, Buck’s Inc., and Elks Lodge # 482, Inc., No. 091517, seeks a writ of prohibition to prohibit the circuit court from conducting further proceedings and to declare a lower court order void ab initio as being issued in excess of circuit court’s authority and in violation of the West Virginia Limited Video Lottery Act