Estate of Stollings v. Division of Environmental Protection

(Filed Feb. 15, 2001)

This case presented two very simple and straightforward issues for resolution. First, was Mr. Stollings entitled to receive a retroactive increase in pay? Second, was Mr. Stollings entitled to an award of attorney’s fees? Both issues should have been quickly resolved by this Court under existing principles of law. Instead, the majority opinion has created several confusing principles of law. Additionally, the majority has remanded this case for further disposition under those principles. Because I firmly believe that the principles of law created by Syllabus points 5, 6,…