Argument
Docket Tuesday, September 8, 2009
Supreme Court of Appeals of West Virginia
Argument
Docket
Tuesday, September 8, 2009
1. Jefferson County Citizens for Economic Preservation v. Jefferson Cty. Comm., et al. - 34583 - The Jefferson County Commission appeals from the circuit court's order granting partial summary judgment in favor of the Jefferson County Citizens for Economic Preservation by invalidating the April 8, 2005, amendments to the zoning ordinance in this declaratory judgment action. The County Commission challenges the circuit court's finding that the Commission followed the wrong statute in the Ordinance amendment process.
2. Mountain America, LLC, et al. v. Donna Huffman, Assessor of Monroe County - 34426 - Owners of property in the Walnut Springs Mountain Reserve subdivision in Monroe County appeal the circuit court's order affirming the board of equalization and review's order affirming the county assessor's 2007 property tax assessments. They argue that their properties have been overvalued for tax purposes, and that the assessments and appeal process are unconstitutional for several reasons.
3. Princeton Insurance Agency, Inc., et al. v. Erie Insurance Company, et al. - 34498 - Defendants appeal from an adverse jury verdict in this action alleging violations of the West Virginia Anti-Trust Act and the West Virginia Unfair Trade Practices Act, and West Virginia's incorporation of the consumer protection portions of the Graham, Leach, Bliley Act. While the jury found in favor of the defendant insurance group as to the consumer protection claims, it also found that the defendant insurance group had committed an unlawful restraint of trade and was liable under the Anti-Trust Act and the Unfair Trade Practices Act. Defendants raise errors related to jurisdiction, damages, evidence, and various rulings of the circuit court. Defendants seek a reversal of the circuit court's decision to allow the anti-trust claims to proceed to trial, as well as a new trial.
4. Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke - 34497 - The petitioner, Shirley Blaniar Luke, appeals the Harrison Circuit Court’s rulings denying a Motion to Alter or Amend Judgment pursuant to West Virginia Rule of Civil Procedure Rule 59 and denying a Motion for New Trial pursuant to Rule 59. The original civil action was brought by the Respondent seeking declaratory relief to establish ownership of certain real estate located in Harrison County, West Virginia. A jury determined that the petitioner had not adversely possessed the real estate and had not obtained an easement by prescription.
5. Jason L. Galloway v. Tiffany D. Galloway - 34588 - Jason L. Galloway appeals the circuit court's order which affirmed the family court's order refusing to disestablish paternity and ordering him to pay child support.
6. State of West Virginia v. Walter Jessie - 34589 - Petitioner was convicted in the Circuit Court of Mingo County of unlawful assault, a lesser included offense of malicious assault. The petitioner seeks to have the judgment set aside by arguing that he was denied his right to a speedy trial in violation of the Constitution of West Virginia and the Constitution of the United States.
7. Charles Crihfield v. Steven Brown and The Home Show LLC - 34593 - Plaintiff appeals from the circuit court's order denying his motion for summary judgment in this action seeking injunctive relief and a declaratory judgment that defendants were not legally authorized to re-institute an arbitration that had previously been commenced by defendants and unilaterally terminated by them. The circuit court ruled in favor of defendants and directed that the re-instituted arbitration proceed.
8. Matthew Wysong by Mary L. Ramsey v. WVDHHR, et al. - 34594 - Petitioner DHHR appeals from the circuit court's order reversing the Board of Review's affirmance of the Bureau of Medical Services's determination that respondent failed to meet the medical eligibility requirements of the Medicaid MR/DD Waiver Program upon his initial application. DHHR seeks a reinstatement of the decision of the State Hearing Officer.
9. Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Arguments on remand from United States Supreme Court of defendant's appeal from an adverse jury verdict in this action for tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation. THIS CASE WILL BE CALLED FOR ARGUMENT AT 2 PM. Chief Justice Benjamin disqualified. Senior Status Judge Holliday sitting by temporary assignment.
The briefs and other filings are provided in PDF format.
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