Copley v. Department of Health & Human Resources/Office of Health Facility Licensure & Certification

The appellant in this proceeding, the West Virginia Department of Health and Human Resources/Offiee of Health Facility Licen-sure and Certification, refused to issue a license to the appellee, Phyllis Copley, to authorize her to operate a residential board and care home in Cabell County. Phyllis Copley appealed to the Circuit Court of Ca-bell County, and the circuit court remanded the case for further development. In the present appeal,1 the West Virginia Department of Health and Human Resources claims that by remanding the case the circuit court exceeded its scope of judicial review and…