Johnson v. State Department of Motor Vehicles

This appeal is brought by the West Virginia Department of Motor Vehicles and its Commissioner, Virginia L. Roberts, from a final order of the Circuit Court of Kanawha County, entered January 6, 1983. The circuit reversed and vacated the Commission’s order suspending the driver’s license of the appellee, Jack M. Johnson. The Commissioner contends that the circuit court exceeded its authority to review contested cases under the West Virginia Administrative Procedure Act, W.Va.Code § 29A-5-4 (1980 Replacement Vol.), and that the order of reversal is, therefore, clearly wrong. We agree and we…