West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 9, 2018

Rule 20 argument - 10:00 a.m.

Mark Musick v. University Park at Evansdale, No. 17-0309 - Petitioner appeals the order of the Circuit Court of Monongalia County that granted respondent’s appeal, and found that petitioner’s 2015 assessment of respondent’s leasehold interest in the amount of $9,035,617 was erroneous. The circuit court held that based upon evidence presented by petitioner at the Board of Equalization and Review, the assessment for the tax year 2015 was $0, because respondent’s leasehold interest was neither freely marketable, nor a bargain lease pursuant to this Court’s opinion in Maplewood Community Inc., v. Craig, 216 W.Va. 273, 607 S.E.2d. 379 (2004) (per curiam).

Robert Andrews, et al. v. Antero Resources Corp., No. 17-0126 - Petitioners appeal the West Virginia Mass Litigation Panel’s dismissal of their nuisance claims against respondents. Petitioners contend the Panel failed to recognize public policy and erred in holding that a mineral severance deed grants mineral owners unrestricted rights to extract natural gas regardless of the burden of such extraction upon surface owners.

SER Eric Lewis v. Hon. Kurt W. Hall, Judge, No. 18-0337 - The petitioner seeks a writ of prohibition to prohibit Judge Hall from presiding or in the alternative to prohibit the State from calling the Clerk of Court as a witness. Continued generally.

Rule 19 argument

Ohio Valley Job Alliance, Inc., et al. v. Public Service Commission of West Virginia, No. 18-0249 - Appeal from a February 20, 2018 Final Order entered by the Public Service Commission granting a siting certificate to ESC Brooke County Power I, LLC.

State of West Virginia v. Derrick Adamson , Nos. 17-0099 - (Rehearing) - Petitioner appeals following a jury trial resulting in convictions for first-degree murder, grand larceny, and possession of a stolen vehicle. The circuit court sentenced him to life in prison without the possibility of parole for first-degree murder, one to ten years for grand larceny, and one to five years for possession of a stolen vehicle. The court ordered that the sentences for grand larceny and possession of a stolen vehicle run concurrently to one another, but consecutively to his life sentence for murder.

SER Robert Rogers v. Hon. Tod J. Kaufman, Nos. 18-0104 - Rule to show cause returnable October 9, 2018, unless sooner mooted.