For the purpose of this article:
“Commission” means the West Virginia Legislative Claims Commission established by section four of this article.
“Claim” means a claim authorized to be heard by the commission in accordance with this article.
“Approved claim” means a claim found by the commission to be one that should be paid under the provisions of this article.
“Award” means the amount recommended by the commission to be paid in satisfaction of an approved claim.
“Clerk” means the clerk of the West Virginia Legislative Claims Commission.
“State agency” means a state department, board, commission, institution, or other administrative agency of state government: Provided, That a “state agency” shall not be considered to include county commissions, county boards of education, municipalities, or any other political or local subdivision of the state regardless of any state aid that might be provided.
Notes of Decisions
State ex rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005).
· cites it 4× “2d 280 (1942), it was contended that mandamus, being an extraordinary remedy, was not within the purview of then W. Va. Code § 14-2-3 (1941). The Court rejected the contention stating: Originally, mandamus was an extraordinary prerogative writ.”
G.M. McCrossin, Inc. v. West Virginia Bd. of Regents, 355 S.E.2d 32 (W. Va. 1987).
· cites it 2× “The jurisdiction of the court includes those "[cjlaims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the State or any of its agencies, which the State as a sovereign commonwealth should in equity and good conscience discharge and pay.”
Ohio Valley Contractors v. Bd. OF ED., 293 S.E.2d 437 (W. Va. 1982).
“W.Va.Code, 14-2-3: "For the purpose of this article: “State agency" means a state department, board, commission, institution, or other administrative agency of state government: Provided, that a “state agency" shall not be considered to include county courts, county boards of…”
Blower v. West Virginia Educ. Broad. Auth., 389 S.E.2d 739 (W. Va. 1990).
“Code, 14-2-3 (1967), which defines a "state agency” as follows: "[A] state department, board, commission, institution, or other administrative agency of state government: Provided, that a ‘state agency’ shall not he considered to include county courts, county boards of…”
Taucher v. Dep't of Pub. Saf., 23 Ct. Cl. 208 (W. Va. Ct. Cl. 2000).
· cites it 2× “In respondent’s Motion to Substitute Respondent, filed May 26, 2000, respondent argues in the alternative that this Court may have jurisdiction over the Fund because the Fund has been given all of the indicia of being a State agency by its existence and operation, even though…”
Meredith v. Region VII Plan. & Dev. Council, 15 Ct. Cl. 144 (W. Va. Ct. Cl. 1984).
“The definition of “State agency” specifically excludes “political or local subdivisions of this State regardless of any state aid that might be provided,” W. Va. Code §14-2-3 . This Court, therefore, lacks jurisdiction over the above-styled claim, and sustains respondent’s…”
Wilson v. Dep't of Educ., 15 Ct. Cl. 163 (W. Va. Ct. Cl. 1984).
“W.Va. Code §14-2-3. It is therefore apparent that the Court does not have jurisdiction over this claim, and the Court sustains respondent’s Motion to Dismiss.”
W. Va. Code § 14-2-3(2014): 1 case
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