Wiley v. Toppings

STARCHER, J.:

In the instant case we hold that the last-enacted version of the statutory definition of “timbering operations” is legally controlling.

I

Facts & Background

The Honorable Jay M. Hoke of the Circuit Court of Lincoln County, West Virginia, entered an order on October 6, 2000, certifying three questions to this Court. This Court has the discretion to reformulate certified questions and/or to decline to address one or more questions that have been certified by the lower court. See Syllabus Point 3, Kincaid v. Mangum, 189 W.Va. 404, 432 S.E.2d 74 (1993). In the instant case, we have…