Hedrick v. Grant County Public Service District

(Filed July 5, 2001)

I dissent because I find two problems with the majority’s disposition of this case. First, the majority’s decision ignores our law as stated in Syllabus Point 1 of State ex rel. C & P Telephone Co. v. Ashworth, 190 W.Va. 547, 438 S.E.2d 890 (1993). Second, and more fundamentally, the issues in this ease are now res judicata so that there is no reason to remand the case to the circuit court.

As quoted by the majority opinion, Syllabus Point 1 of State ex rel. C & P Telephone Co. v. Ashworth provides:

Although the general rule is that one must exhaust administrative remedies…