Legal Opinion

West Virginia Consolidated Public Retirement Board v. Robert Clark

West Virginia Supreme Court

Decided June 14, 2021No. 20-0350Separate

1Opinion of the Court

FILED June 14, 2021 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 20-0350 – West Virginia Consolidated Public Retirement Board v. Clark et al WOOTON, J., concurring, in part, and dissenting, in part: I concur with the majority’s conclusion that respondents, current and former DNR officers and/or their beneficiaries (hereinafter “respondents” and/or “DNR officers”), cannot now be stripped of retirement benefits which were calculated inclusive of their subsistence pay, due to the West Virginia Consolidated Public Retirement Board’s failure to…

2Cases cited8 opinions

  1. Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
  2. Hilligoss v. LaDowIndiana Court of Appeals · 1977
  3. Vector Co. v. BOARD OF ZON. APP., CITY OF MARTINSBURGWest Virginia Supreme Court · 1971
  4. The Marcellus Shale Coalition v. DEP of PA and Environmental Quality Board of PACommonwealth Court of Pennsylvania · 2018
  5. Anderson v. City of Long BeachCalifornia Court of Appeal · 1959

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