Wiley v. Toppings, 210 W. Va. 173

Summary

The Supreme Court of Appeals of West Virginia held that, when two conflicting versions of a statutory provision are enacted during the same legislative session, the last-enacted version controls. Applying that rule, the court determined that the definition of "timbering operations" in Chapter 61 of the 1994 Regular Session governed, answered the certified question, and dismissed the matter from its docket.

Holdings

1. When two statutory enactments conflict, the later-enacted expression of legislative will controls, even when both enactments were made effective on the same date.
2. The definition of "timbering operations" contained in Chapter 61 of the 1994 Acts of the Legislature, codified in West Virginia Code § 19-1B-3(e) (1994), is the controlling definition.

Questions Presented

1. When two conflicting versions of the same statutory provision are enacted during the same legislative session and on the same day, whether the last-enacted version controls.
2. Whether the last-enacted version of the definition of "timbering operations" in West Virginia Code § 19-1B-3(e) (1994), enacted as Chapter 61, controls over the earlier version enacted as Chapter 119.

Disposition

dismissed