Legal Opinion · Dissent

State Ex Rel. Ritchie v. Triplett

West Virginia Supreme Court

Decided July 26, 1977No. 13754, 13904Published

1DissentMiller, Justice

I respectfully dissent as I believe the majority is in error when it concludes that W. Va. Code, 14-2-2(b), does not establish venue in the Circuit Court of Randolph County where the original mandamus actions were filed against the State Highways Commissioner and which the Commissioner seeks in this Court to block through the writ of prohibition.

In a nutshell, the controversy in this case involves several abutting landowners who claim in their mandamus actions filed in the Circuit Court of Randolph County that the State Highways Commissioner acted arbitrarily and capriciously when he sought…

2Cases cited6 opinions

  1. Brady v. SmithWest Virginia Supreme Court · 1954
  2. Stephenson v. CavendishWest Virginia Supreme Court · 1950
  3. State Ex Rel. County Court of Wood County v. State Road CommissionWest Virginia Supreme Court · 1963
  4. State ex rel. Charlotton v. O'BrienWest Virginia Supreme Court · 1951
  5. Phares v. RitchieWest Virginia Supreme Court · 1975

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