Zirkle v. Elkins Road Public Service District

The appellant filed a civil complaint in the Upshur County Circuit Court for damages against the Upshur County Commission and the Elkins Road Public Service District in connection with appellant’s efforts to obtain water service for his residence from the Public Service District. The circuit court, applying the provisions of the West Virginia Tort Claims and Insurance Reform Act, W.Va. Code, 29-12A-1 et seq. [1986], ordered the action dismissed, with prejudice, for failure to state a cognizable claim against the defendants. The appellant appealed the dismissal to this Court. This Court…