Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 West Virginia opinions name it 1 courts 1982–2020 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Citizens to Preserve Overton Park, Inc. v. Volpered2 sentences1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to 1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to | 4 | 5 |
Frymier-Halloran v. Paigegreen2 sentences1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to 1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to | 3 | 3 |
Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.green1 sentence1982See, e.g., Bowman Transportation, Inc. v. Arkansas —Best Freight System, Inc., 419 U.S. 285 , 95 S.E. 438 , 42 L.Ed.2d 447 (1974); Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 , 91 S.Ct. 814 , 28 L.Ed.2d 136 (1971). | 1 | 1 |
State v. Hewittgreen1 sentence1982See, e.g., Bowman Transportation, Inc. v. Arkansas —Best Freight System, Inc., 419 U.S. 285 , 95 S.E. 438 , 42 L.Ed.2d 447 (1974); Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 , 91 S.Ct. 814 , 28 L.Ed.2d 136 (1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
West Virginia Health Care Cost Review Authority v. Boone Memorial Hospital
green
2 sentences1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to 1998This Court further explained in Boone Memorial Hospital, 196 W.Va. at 335 , 472 S.E.2d at 420 , that “[u]nder the Administrative Procedures Act, ‘the task of the circuit court is to determine “whether the [agency’s] decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ” Frymier-Halloran v. Paige, 193 W.Va. 687, 695 , 458 S.E.2d 780, 788 (1995) quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814, 824 , 28 L.Ed.2d 136, 153 (1971).” The right to appeal an adverse decision of the circuit court to | 2 | 1998–2020 |
Muscatell v. Cline
green
2 sentences1998This Court articulated the standard of review on appeal by stating, “In cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syllabus Point 2, Muscatell v. Cline, 196 W.Va. 588 , 474 S.E.2d 518 (1996). 1998This Court articulated the standard of review on appeal by stating, “In cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syllabus Point 2, Muscatell v. Cline, 196 W.Va. 588 , 474 S.E.2d 518 (1996). | 1 | 1998–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.