W. Va. Code » §14-2-2. Venue for certain suits and actions.
West Virginia Code

W. Va. Code § 14-2-2 (2026)

Venue for certain suits and actions

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. CLAIMS AGAINST THE STATE.

§14-2-2. Venue for certain suits and actions.

(a) Any suit, action, or proceeding in which the state, the Governor, any other state officer, or a state agency is made a party defendant, or any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in any circuit court, may be brought and prosecuted in the circuit court of any county wherein the plaintiff or petitioner who is appearing in the action or proceeding resides, or where the cause of action arose; or, alternatively, in the circuit court of Kanawha County.

(b) Any proceeding for injunctive or mandamus relief involving the taking, title, or collection for or prevention of damage to real property may be brought and presented in the circuit court of the county in which the real property affected is situate.

(c) This section shall apply only to such proceedings as are not prohibited by the Constitutional immunity of the state from suit under section thirty-five, article six of the Constitution of the State.

Notes of Decisions
Cited in 43 cases (1 in the last 5 years), 1972–2023 · leading case: Pittsburgh Elevator Co. v. West Virginia Bd. of Regents, 310 S.E.2d 675 (W. Va. 1983).
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Pittsburgh Elevator Co. v. West Virginia Bd. of Regents, 310 S.E.2d 675 (W. Va. 1983). · cites it 48× “On February 9, 1981, the appellee West Virginia Board of Regents moved to dismiss the Martin's complaint on the grounds that under the provisions of W.Va.Code § 14-2-2 (1979 Replacement Vol.”
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). · cites it 59× “Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates are in Kanawha County, and (2) the…”
State ex rel. Ritchie v. Triplett, 236 S.E.2d 474 (W. Va. 1977). · cites it 33× “The parties [1] , the subject matter and the issues in the two mandamus actions, except for a change in the venue statute, W.Va.Code, 14-2-2, are the same. The primary issue presented in this litigation is whether venue lies for the two mandamus actions in the Circuit Court of…”
Hansbarger v. Cook, 351 S.E.2d 65 (W. Va. 1986). · cites it 16× “Heydinger challenges the venue of the counterclaim brought against him in his official capacity as Director of the Department of Health, in reliance on W.Va.Code § 14-2-2 (1985 Replacement Vol.”
Shobe v. Latimer, 253 S.E.2d 54 (W. Va. 1979). · cites it 10× “When a state officer is properly made a party defendant in a civil action, venue is controlled and determined by the law embodied in W.Va. Code § 14-2-2 [1974]. 10 If venue is properly laid against a state officer under this provision, then venue as to other defendants is also…”
State ex rel. Stewart v. Alsop, 533 S.E.2d 362 (W. Va. 2000). · cites it 16× “W. Va.Code § 14-2-2.” 5 Further, “[w]e have consistently held that the provisions of W.”
King v. Heffernan, 591 S.E.2d 761 (W. Va. 2003). · cites it 24× “W.Va.Code § 14-2-2.”); Syl. pt. 5, Shobe v.”
Thomas v. Bd. of Educ., 280 S.E.2d 816 (W. Va. 1981). · cites it 8× “Certified question number two, presents us with an issue of first impression in this State: whether W.Va. Code § 14-2-2 applies to third-party practice.”
UMWA ex rel. Trumka v. Kingdon, 325 S.E.2d 120 (W. Va. 1984). · cites it 4× “As a consequence, the relators contend that this is an action against State officers and a State agency and, under W.Va.Code, 14-2-2, the only proper venue is in the Circuit Court of Kanawha County.”
Thomas v. Bd. of Ed., 280 S.E.2d 816 (W. Va. 1981). · cites it 9× “Certified question number two, presents us with an issue of first impression in this State: whether W.Va. Code § 14-2-2 applies to third-party practice.”
Killen v. Logan Cnty. Comm'n, 295 S.E.2d 689 (W. Va. 1982). · cites it 4× “In actions which challenge an entire class of assessments, the State Tax Commissioner is an indispensable party because of his ultimate supervisory authority.”
Smith v. Maynard, 412 S.E.2d 822 (W. Va. 1991). · cites it 12× “We explained: “When a state officer is properly made a party defendant in a civil action, venue is controlled and determined by the law embodied in W.Va. Code § 14-2-2 [1974]. If venue is properly laid against the state officer under this provision, then venue as to other…”
Show all 43 citing cases →
W. Va. Code § 14-2-2(1976): 1 case
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). “Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates are in Kanawha County, and (2) the…”
W. Va. Code § 14-2-2(a): 2 cases
State ex rel. Ritchie v. Triplett, 236 S.E.2d 474 (W. Va. 1977). “The parties [1] , the subject matter and the issues in the two mandamus actions, except for a change in the venue statute, W.Va.Code, 14-2-2, are the same. The primary issue presented in this litigation is whether venue lies for the two mandamus actions in the Circuit Court of…”
Rickey Morgan v. Karen Pszczolkowski, No. 19-0697 (W. Va. Apr. 28, 2020).
W. Va. Code § 14-2-2(a)(1): 11 cases
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). “Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates are in Kanawha County, and (2) the…”
State ex rel. Ritchie v. Triplett, 236 S.E.2d 474 (W. Va. 1977). “The parties [1] , the subject matter and the issues in the two mandamus actions, except for a change in the venue statute, W.Va.Code, 14-2-2, are the same. The primary issue presented in this litigation is whether venue lies for the two mandamus actions in the Circuit Court of…”
G.M. McCrossin, Inc. v. West Virginia Bd. of Regents, 355 S.E.2d 32 (W. Va. 1987).
State ex rel. West Virginia Bd. of Educ. v. Perry, 434 S.E.2d 22 (W. Va. 1993).
Bd. of Educ. v. MacQueen, 325 S.E.2d 355 (W. Va. 1985).
W. Va. Code § 14-2-2(a)(l): 9 cases
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). “Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates are in Kanawha County, and (2) the…”
State ex rel. Ritchie v. Triplett, 236 S.E.2d 474 (W. Va. 1977). “The parties [1] , the subject matter and the issues in the two mandamus actions, except for a change in the venue statute, W.Va.Code, 14-2-2, are the same. The primary issue presented in this litigation is whether venue lies for the two mandamus actions in the Circuit Court of…”
State ex rel. West Virginia Real Est. Appraiser Licensing & Certification Bd. v. Chiles, 763 S.E.2d 663 (W. Va. 2014).
State ex rel. Miller v. Reed, 510 S.E.2d 507 (W. Va. 1998).
State ex rel. Ruddlesden v. Roberts, 332 S.E.2d 122 (W. Va. 1985).
W. Va. Code § 14-2-2(b): 5 cases
State ex rel. Ritchie v. Triplett, 236 S.E.2d 474 (W. Va. 1977). “The parties [1] , the subject matter and the issues in the two mandamus actions, except for a change in the venue statute, W.Va.Code, 14-2-2, are the same. The primary issue presented in this litigation is whether venue lies for the two mandamus actions in the Circuit Court of…”
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). “Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates are in Kanawha County, and (2) the…”
Shobe v. Latimer, 253 S.E.2d 54 (W. Va. 1979). “When a state officer is properly made a party defendant in a civil action, venue is controlled and determined by the law embodied in W.Va. Code § 14-2-2 [1974]. 10 If venue is properly laid against a state officer under this provision, then venue as to other defendants is also…”
State ex rel. Stewart v. Alsop, 533 S.E.2d 362 (W. Va. 2000). “W. Va.Code § 14-2-2.” 5 Further, “[w]e have consistently held that the provisions of W.”
SER Fairmont State Univ. Bd. of Governors v. Hon. Patrick N. Wilson, 806 S.E.2d 794 (W. Va. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.