Legal Opinion · Dissent

Worley v. Beckley Mechanical, Inc.

West Virginia Supreme Court

Decided July 27, 2007No. 33190Published

1DissentBenjamin, Justice

Despite this Court’s repeated admonitions that it should not sit as a superlegislature, re-writing statutes under the guise of statutory interpretation, that is exactly what the Majority has done in this matter. In Subcarrier Communications, Inc. v. Nield, 218 *642W.Va. 292, 624 S.E.2d 729 (2005), this Court recently recognized:

“ ‘[I]t is not for [courts] arbitrarily to read into [a statute] that which it does not say. Just as courts are not to eliminate through judicial interpretation words that were purposely included, we are obliged not to add to statutes something the Legislature purposely…

2Cases cited25 opinions

  1. State v. EpperlyWest Virginia Supreme Court · 1951
  2. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  3. State v. ElderWest Virginia Supreme Court · 1968
  4. Banker v. BankerWest Virginia Supreme Court · 1996
  5. Whitlow v. Bd. of Educ. of Kanawha Cty.West Virginia Supreme Court · 1993

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