February 14, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, February 14, 2006

1. Associated Architects, Inc.v. John Wolfe and Wolfe Construction Co., Inc. - 051805 - Defendants appeal from the circuit court's order awarding summary judgment in favor of plaintiff following defendants' admission of liability in this action for negligence and fraud. - Grant 4 - 1, Starcher.

2. Stephanie Adkins, et al., on behalf of Gauley Bridge Citizens for Equal Education v. Board of Education of Fayette County; Steve Pilato, President; et al., Members; and West Virginia Board of Education - 051955 - he Fayette County Board of Education and its members, and the State Board of Education, appeal the circuit court's order granting a petition for mandamus and preliminary injunction. The circuit court's order stops the closure of Gauley Bridge High School and changes to the configuration of certain other Fayette County schools. The order has been stayed by this Court pending appeal. - Grant 3 - 2 , Maynard & Benjamin.

3. Mickey McClure v. Point Mining, Inc., Joy Technologies, Inc., dba Joy Mining Machinery, and John Doe - 051911 - Plaintiff Mickey McClure appeals the circuit court's order which granted defendant Joy Technologies' motion to dismiss a products liability complaint based upon expiration of the statute of limitations. - Refuse 3 - 2, Starcher & Albright.

4. State of W. Va. v. Jennie Lynn Fulk - 052299 - Jennie Lynn Fulk appeals her conviction for driving under the influence of alcohol, third offense. - Refuse 3 - 2, Starcher & Albright.

5. Fraternal Order of The Owls Nest 4520, Inc., dba The Hot Spot v. Board of Zoning Appeals of the City of Charleston, West Virginia - 052374 - The Fraternal Order of the Owls Nest 4520, Inc. d/b/a The Hot Spot appeals the Circuit Court's order affirming the decision of the City of Charleston's Board of Zoning Appeals. The BZA found that the petitioner did not have a vested property right to operate a proposed gambling establishment at a particular location and that petitioner was not "grandfathered" from the effects of a city zoning ordinance which imposes a 2000 foot separation requirement on certain gambling establishments. - Refuse 3 - 2, Maynard & Albright.

6. Joseph E. Ryan v. Clonch Industries, Inc., and H& D Lumber Distributors, Inc. - 052471 - Plaintiff Joseph Ryan appeals the circuit court's order granting summary judgment in favor of defendant employers Clonch Industries, Inc. and H & D Lumber Distributors, Inc. in a deliberate intent workplace injury case. - Grant 5 - 0.