Francis O. Day Co. v. West Virginia Reclamation Board of Review

NEELY, Justice.

This case presents the issue of what happens when an administrative agency is unable to act because it lacks the number of votes required by statute. Because the litigants in such cases should not be penalized by an administrative agency’s inability to act, we find that the litigants can proceed to the next higher tribunal.

I

The present case arose during the appeal process of a denial of a mining permit sought by Francis 0. Day Co., Inc., when the West Virginia Reclamation Board of Review (“Board”) was unable to muster enough votes to meet the statutory requirement to act on the…