Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, April 18, 2007 
 

1.  Mountain Communities for Responsible Energy v. PSC of W. Va. & Beech Ridge Energy, LLC; WV State Building & Construction Trades Council, AFL-CIO, et al., Intervenors - 070449  - Grant 5 - 0.

Alicia A. & Jeffrey D. Eisenbeiss v. PSC of W. Va. & Beech Ridge Energy, LLC, Mountain Communities for Responsible Energy - 070433 - Nonprofit group and local property owners appeal an order granting an application of a power company to build a wind-powered facility in their locality. - Grant 5 - 0.

2.  State of W. Va. v. Mindy Keesecker- 062944 - Plaintiff appeals from her convictions on six counts of third degree sexual assault. Defendant raises various evidentiary and trial errors. - Grant 5 - 0.

3.  Barbara Born, et al. v. WV State Building & Construction Trades Council, et al. & Long View Power, LLC - 070579 - Citizens appeal an order granting waiver of the requirement to obtain a modification or amendment of the existing siting certificate previously granted to power plant. - Refuse 3 - 2,  Starcher & Albright.

4.  Bayer MaterialScience, LLC v. Hon. Virgil T. Helton, State Tax Comm’r, Hon. Phyllis Gatson, Kanawha Co. Assessor, et al. - 062955 - Bayer appeals from the circuit court's order affirming the decision of the Kanawha County Commission sitting as the Board of Equalization and Review. The Board denied Bayer's challenges to the revised value of its industrial property as established by the State Tax Commissioner. - Grant 5 - 0.

5.  David W. Crites v. Pilgrim’s Pride Corporation, K & B. Transportation, Inc. & Jeffrey Dearing - 063506 - Plaintiff appeals an adverse summary judgment order in a case asserting employment discrimination and violation of contract.  - Refuse 4 - 1,  Starcher.

6.  State of W. Va. v. David L. Feamster - 063509 - David Lee Feamster appeals the circuit court's order revoking his probation.  - Refuse 3 - 2,  Starcher & Albright.

7.  Barry D. Schmehl, an individual as an officer of Filly’s of America, Inc. v. Virgil T. Hilton, State Tax Comm’r of W. Va. - 063373 - Barry D. Schmehl appeals the circuit court's order which affirmed the administrative decision of the Office of Tax Appeals. The OTA affirmed an assessment against Schmehl, as an officer of a corporation, for the corporation's unremitted sales and service taxes, interest and penalties.  - Grant  3 - 2,  Starcher & Albright.

 

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