Argument
Docket Wednesday, September 2, 2009
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, September 2, 2009
1. SER John Carr v. Honorable Andrew Frye, Judge - 34810 - Petitioner seeks a writ of prohibition to challenge an order of the circuit court which sanctioned petitioner for postponing the January 6, 2009, deposition of Nancy Oldacker. - Dismissed.
2. Stone Brook Limited Partnership v. Phyllis Sisinni, Assessor, et al. - 34423 - Petitioner taxpayer appeals from the circuit court's order affirming the decision of the Brooke County Commission sitting as a Board of Equalization and Review, which denied petitioner's request for a reduction of an appraisal for ad valorem tax purposes. Petitioner challenges the use of the cost approach and whether market or restricted rents should be utilized in the valuation process.
Heathermoor Limited Partnership v. Joseph Alongi, Assessor, et al. - 34424 - Petitioner appeals from the circuit court's decision affirming the decision of the Hancock County Commission sitting as a board of equalization and review, which denied Heather Moor's request for a reduction in its property appraisal for ad valorem tax purposes. Petitioner raises issues related to the evaluation process utilized below.
Pine Haven Limited Partnership v. Ottie Adkins, Assessor - 34863 - The Cabell County Assessor and County Commission appeal the circuit court's order which reversed the decision of the Commission sitting as a Board of Equalization and Review. Inter alia, the court ruled that, for ad valorem tax purposes, the income method using restricted rents was the correct methodology for valuing rental apartments built pursuant to the Low Income Housing Tax Credit program.
3. Langley France v. Southern Equipment Company v. Dan Hensley - 34494 - The Petitioners, Langley and Inez France, as parents and next friend of Robert France, seek to reverse a November 6, 2007, Order granting summary judgment to Defendant Southern Equipment Company. The petitioners had sought monetary damages for a disabling closed head injury suffered by the minor while employed by Royalty Builder, on an industrial roof replacement job at a building owned by Southern Equipment Company in Pecks Mill, West Virginia.
4. Barbara Warner and Roy Warner v. Leroy Wingfield, et al. - 34495 - Plaintiffs’ prior counsel, Erika Klie, appeals from the circuit court’s order granting defendants’ motion for Rule 11 sanctions and sanctioning petitioner in the amount of $12,236.33, which sum constituted defendants’ reasonable legal fees incurred in defending themselves in this civil action. Petitioner Klie seeks a reversal of the circuit court’s order.
5. State of West Virginia v. Richard Malfregeot - 34496 - Defendant appeals following his conviction of the misdemeanor offense of stalking/harassment following a non-jury trial in circuit court on appeal from the magistrate court. Defendant's sentence of six months incarceration and fine of $500 were both suspended and he was placed on unsupervised probation for two years. Defendant challenges the sufficiency of the evidence and the circuit court's application of the law to the facts.
6. Mylan Laboratories, Inc., et al. v. American Motorists Insurance Co., et al. - 34402 - In this declaratory judgment action, Mylan Laboratories, Inc. and others appeal the circuit court's order granting summary judgment in favor of four insurance companies. The circuit court determined that policies issued by the insurance companies did not impose a duty to defend the Mylan companies in two sets of cases - the "Average Wholesale Price" actions and the "Lorazepam and Clorazepate" actions - and since there was no duty to defend, there could be no duty to indemnify. THIS CASE WILL BE CALLED AT 2 P.M. Justice McHugh disqualified. Judge Beane sitting by temporary assignment.
The briefs and other filings are provided in PDF format.
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