E.H. v. Matin

MILLER, Justice:

This is an appeal by the West Virginia Department of Health and Human Resources from a September 1, 1992 order of the Circuit Court of Kanawha County, which enjoined its plan to build a 150-bed mental health facility near Weston, West Virginia. This controversy stems from our earlier decision in E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981), where we held that the State must comply with the detailed provisions of W.Va.Code, 27-5-9 (1977), which concerns the treatment of mental patients. 1 To accomplish this legislative mandate, we remanded the case to the Circuit Court…