M & J Garage & Towing, Inc. v. West Virginia State Police

KETCHUM, Justice:

This action is before this Court upon the appeal of the plaintiff below, M & J Garage and Towing, Inc., (hereinafter “M & J”) from the May 12, 2009, order of the Circuit Court of Kanawha County dismissing the action upon the motion of the defendant below, the West Virginia State Police (hereinafter collectively as “State Police” or “WVSP”). Seeking declaratory and injunctive relief, M & J alleged in its complaint that the State Police wrongfully interfered with its business of towing wrecked or disabled motor vehicles by removing M & J from a WVSP list of available wrecker…