Legal Opinion · Concurring in part, dissenting in part

Louk v. Cormier

West Virginia Supreme Court

Decided August 8, 2005No. 31773Published

1Concurring in part, dissenting in partBenjamin, Justice

(Filed Aug. 8, 2005)

The means by which our Constitution may be impaired, even innocently, are at once subtle and not readily apparent. Artful in their form, their perceived immediate need can hide their ultimate potential for damage to our system of governance. These instruments for harm may be statutory, judicial, administrative or procedural. They may take the form of actions by one branch of government seeking to exercise an authority delegated by our Constitution to another branch of government. Beguiling in their manner, they may seem to be no more than an excuse codified to remedy a…

2Cases cited5 opinions

  1. Crockett v. AndrewsWest Virginia Supreme Court · 1970
  2. Ohio County Commission v. ManchinWest Virginia Supreme Court · 1983
  3. Owens-Corning Fiberglas Corp. v. Martin, Texas Court of Appeals, 5th District (Dallas)1997
  4. Masino v. Outboard Marine Corp.District Court, E.D. Pennsylvania · 1980
  5. State v. LopezCourt of Appeals of Minnesota · 1986

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