M & J Garage and Towing, Inc. v. West Virginia State Police, 227 W. Va. 344

Summary

The Supreme Court of Appeals of West Virginia held that the West Virginia State Police may exercise reasonable discretion in dispatching registered towing services but lacks authority to resolve billing disputes between towing companies and customers. Such disputes must be referred to the West Virginia Public Service Commission. The court affirmed dismissal of the action because the State Police had rescinded its separate wrecker-service list, rendering the requested declaratory and injunctive relief moot.

Holdings

1. The West Virginia State Police and its detachments lack authority to resolve billing disputes between a registered towing or wrecker service and its customers. Complaints concerning permitted rates or alleged overbilling must be referred to the West Virginia Public Service Commission.
2. In fulfilling its statutory mission, State Police detachments may exercise reasonable discretion in dispatching or utilizing an appropriate towing or wrecker service registered as a common carrier with the Public Service Commission.
3. M & J's requests for declaratory and injunctive relief were moot because the State Police rescinded and ceased using its separate list of available wrecker services, and M & J abandoned its damages claim.
4. A judgment may be affirmed when it is correct on any legal ground disclosed by the record, even if the lower court assigned a different ground.
5. M & J waived its challenge to the circuit court's failure to address its Freedom of Information Act and attorney-fee claims by failing to adequately brief the issue.

Questions Presented

1. Whether the circuit court erred in dismissing M & J's declaratory and injunctive claims after the State Police rescinded its wrecker-service list.
2. Whether the West Virginia State Police had authority to resolve customer billing disputes involving a registered towing carrier or to remove or substantially limit the carrier because of those disputes.
3. Whether the circuit court's failure to address M & J's Freedom of Information Act and attorney-fee claims warranted reversal when those issues were not adequately briefed on appeal.

Disposition

affirmed