West Virginia Human Rights Commission v. Garretson

CLECKLEY, Justice:

The appellant and plaintiff below, the West Virginia Human Rights Commission (Commission), on its own behalf and on behalf of J.R. Mitchell, appeals from an order by the Circuit Court of Raleigh County dismissing a housing discrimination suit because of the Commission’s failure to file suit in the Circuit Court of Raleigh County within thirty days pursuant to W.Va.Code, 5-llA-13(o)(l) (1992). 1 We reverse the circuit court’s dismissal and remand with instructions.

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FACTUAL AND PROCEDURAL' HISTORY

On July 27, 1993, J.R. Mitchell filed a complaint with the Human Rights…