Legal Opinion

YMCA of Parkersburg v. West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia

Decided July 28, 2023No. 22-ica-54Separate

1Opinion of the Court

No. 22-ICA-54 – YMCA of Parkersburg v. West Virginia Department of Health and Human Resources FILED July 28, 2023 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SCARR, JUDGE, concurring: INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA I concur in the majority’s decision to reverse the August 3, 2022, order of the BOR on the grounds that it was clearly wrong, against the clear weight of the evidence, and arbitrary and capricious. I write separately to discuss another important issue raised by the record. Namely, whether DHHR violated YMCA’s due process rights by issuing first strikes and…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Oregon v. HassSupreme Court of the United States · 1975
  5. Waite v. Civil Service CommissionWest Virginia Supreme Court · 1978

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