Articles Posted in Supreme Court of Appeals of West Virginia

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At issue in this case was the proposed expansion of municipal geographic boundaries by minor boundary adjustment by the City of Summersville, West Virginia, as approved by the Nicholas County Commission. Petitioners brought this action against the County Nicholas Commission and its members (collectively, Respondents), alleging that certain statutory requirements governing annexation were not met during the approval process, the annexation was not in the best interests of Nicholas County, the annexation amounted to a public nuisance, and that the annexation resulted in an unconstitutional taking of property without compensation. The circuit court granted the County Commission’s motion for summary judgment in part and denied Petitioners’ motion for summary judgment in part, concluding that the County Commission complied with the statutory requirements in entering the order on boundary adjustment, which authorized the City’s annexation of the property. The Supreme Court affirmed, holding that the circuit court did not err in affirming the County Commission’s determination to approve the City’s petition for an annexation by minor boundary adjustment. View "Coffman v. Nicholas County Commission" on Justia Law

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In 2013, the Town of Granville adopted an ordinance limiting new mobile homes and house trailers to existing mobile home parks. Patrick Russell and Sylvia Smith (together, Mr. Russell) requested a variance to the ordinance. The Town declined to grant the variance. Mr. Russell sought relief in the circuit court, claiming that West Virginia law prohibited the Town from regulating the placement of mobile homes and house trailers. The circuit court denied relief, concluding that the ordinance was valid and enforceable. The Supreme Court affirmed, holding (1) the Town had authority under W. Va. Code 8-12-5(30) to adopt an ordinance restricting the placement of new mobile homes and house trailers to existing mobile home parks; and (2) therefore, the Town’s ordinance was valid and and enforceable. View "Russell v. Town of Granville" on Justia Law