Heirs of an estate appeal from the circuit court’s order that granted former estate administrator’s renewed motion to dismiss or, in the alternative, motion for summary judgment. Mr. Pappas, defendant below, served as the original administrator CTA for the decedent’s estate following the decedent’s death in 2009. Petitioners alleged claims of negligence, waste, breach of promise, and breach fiduciary duty against Mr. Pappas. Petitioners’ current complaint, filed in 2015, is one of many separate actions that have been by filed related to the estate. The circuit court ruled that the current complaint was (1) barred by the statute of limitations; (2) barred by res judicata; and (3) failed to state a claim upon which relief could be granted.
Petitioner appeals the circuit court’s award of summary judgment to respondent relating to the scope of petitioner’s duties and responsibilities under the assignment of a lease agreement respondent executed with a third party. Further, petitioner argues that the circuit court erred in failing to enter its order nun pro tunc as to petitioner’s objections to the proposed order granting summary judgment to respondent.
The Division of Highways appeals the denial of its motion for a new trial following a jury trial in a condemnation proceeding related to a section of the Corridor H project. The jury found that respondent was entitled to more than $3 million as just compensation for the surface interests in the property taken. The DOH argues that the circuit court erred in admitting certain expert testimony concerning the value of wetlands mitigation credits.
Petitioner appeals the grant of summary judgment to Respondent the State Tax Department affirming the denial of petitioner’s request for an ad valorem tax exemption related to property situated in Hampshire County, West Virginia.
Petitioner appeals the January 27, 2017, order that (1) denied its motion for a preliminary injunction and a temporary restraining order, and (2) dismissed its petition for a writ of mandamus against Respondent Sanitary Board and Respondent City Council. Petitioner sought to prevent the implementation of a sewer rate ordinance passed by the City Council to finance various construction projects. Petitioner claims that in passing the sewer rate ordinance, the Sanitary Board and the City Council failed to comply with the mandatory public notice requirements in W.Va. Code § 24-2-11.
Petitioner appeals the circuit court’s consideration of respondents’ objections to a ruling directing the parties to arbitration. Petitioner argues that respondents waived their right to arbitration.
Petitioners appeal the circuit court’s order directing the parties to arbitration. Petitioners argue that the circuit court erred in applying an exception to the doctrine of res judicata not recognized by West Virginia law; in improperly instructing the arbitration panel as to the application of law; and in finding that all issues in dispute between the parties were subject to arbitration.
Petitioner seeks a writ of prohibition challenging a circuit court order that denied its motion to dismiss based upon (1) failure to provide pre-suit notice, (2) improper venue, and (3) failure to state a claim.
Petitioner appeals the November 9, 2016, order of the Circuit Court of Kanawha County County that granted Respondents and Counterclaim Plaintiffs Second Motion for Declaratory Judgement or, in the Alternative, Motion to Stay Arbitration in this matter stemming from petitioner’s construction work on respondents’ home.