786 S.E.2d 594
W. Va.2015Background
- Petitioner Malone, a pilot and former PHAA board member, was barred from the GCRA by PHAA without a stated reason.
- PHAA advised Malone to return keys and indicated entry without written permission could be trespass.
- Malone filed suit alleging wrongful banishment and loss of employment opportunities stemming from the ban.
- PHAA moved to dismiss under Rule 12(b)(6); the circuit court dismissed, and Malone sought reconsideration within ten days.
- The circuit court denied the Rule 59(e) motion, and Malone appealed to the West Virginia Supreme Court of Appeals.
- The court treats the appeal as reviewing a Rule 59(e) denial, but ultimately affirms the dismissal for failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Malone’s complaint states a viable claim under Rule 12(b)(6). | Malone contends PHAA cannot ban him without justification and that his injury is actionable. | PHAA acted within its discretion to bar disruptive persons and there is no identified legal basis for relief. | Complaint insufficient to state a claim; dismissal affirmed. |
| Whether the motion to reconsider was properly treated as a Rule 59(e) motion. | Motion labeled as reconsideration geographically; argues for discovery and summary judgment. | Motion was within ten days and properly treated as Rule 59(e); no basis for relief shown. | Appropriately analyzed as Rule 59(e); standard review applied to underlying dismissal. |
Key Cases Cited
- Liev ing v. Hadley, 188 W. Va. 197 (1992) (Rule 59(e) within 10 days; motion to amend judgment)
- Powderidge Unit Owners Ass’n v. Highland Properties, Ltd., 196 W. Va. 692 (1996) (distinguishes Rule 59(e) vs Rule 60(b) timing)
- Wickland v. Am. Travellers Life Ins. Co., 204 W. Va. 430 (1998) (de novo review for Rule 59(e) appeal; underlying judgment standard)
- Chapman v. Kane Transfer Co., 160 W. Va. 530 (1977) (liberal Rule 12(b)(6) standard; notice pleading)
- W. Va. Reg’l Jail & Corr. Facility Auth. v. A. B., 234 W. Va. 492 (2014) (court reiterates responsibility to plead viable causes of action)
- Jones v. W. Va. State Bd. of Educ., 218 W. Va. 52 (2005) (constitutional challenges to public actions; distinct from access rights to government property)
- W. Va. Citizens Action Group v. Daley, 174 W. Va. 299 (1984) (public action challenge; not directly controlling but cited)