Thomas I. Palley v. Tucker County Commission

Palley · Supreme Court of Appeals of West Virginia · April 21, 2017 · No. No. 16-0403

Summary

The Supreme Court of Appeals of West Virginia affirmed orders concerning the valuation of Thomas I. Palley’s real property for the 2015 tax year. The court held that the circuit court properly required the parties to bear their own costs and properly denied an injunction concerning assessments for future tax years. The court found no abuse of discretion or prejudicial error.

Holdings

  1. The circuit court properly refused to order the County to pay Palley's costs because the County Assessor acted in good faith and Palley did not establish vexatious, wanton, or oppressive conduct.
  2. The circuit court did not abuse its discretion by denying an injunction directed at assessments for future tax years that were not before the court.

Questions Presented

  1. Whether the circuit court erred by requiring the parties to bear their own costs.
  2. Whether the circuit court abused its discretion by denying an injunction prohibiting the County Assessor from using the challenged assessment method in future tax years.

Disposition

affirmed

Cases Cited (8)

  • Riffe v. Armstrong, 197 W. Va. 626, 477 S.E.2d 535 (1996)(followed)
  • Moats v. Preston County Commission, 206 W. Va. 8, 521 S.E.2d 180 (1999)(recognized)
  • Burgess v. Porterfield, 196 W. Va. 178, 469 S.E.2d 114 (1996)(followed)
  • Daily Gazette Co., Inc. v. Canady, 175 W. Va. 249, 332 S.E.2d 262 (1985)(followed)
  • Smith v. Bradley, 223 W. Va. 286, 673 S.E.2d 500 (2007)(followed)
  • Moss v. Bonnell, 186 W. Va. 301, 412 S.E.2d 495 (1991)(followed)
  • Foster v. Orchard Development Co., LLC, 227 W. Va. 119, 705 S.E.2d 816 (2010)(followed)
  • State v. LaRock, 196 W. Va. 294, 470 S.E.2d 613 (1996)(followed)

Cited In (0)

No citing cases on record yet.

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