Tony Coffman v. Nicholas County Commission
238 W. Va. 482
| W. Va. | 2017Background
- Checks Auto Parts owned ~20 acres in Nicholas County and sought a county salvage-yard permit in 2012; county issued the permit but the State DOH later denied a separate state permit for lack of a certified survey.
- In 2014 Summersville City Council voted to annex the Checks property by minor boundary adjustment; the city petitioned the Nicholas County Commission and notice and a public hearing were held.
- The County Commission approved the annexation by minor boundary adjustment; adjacent county residents (the Petitioners) sued, challenging contiguity, statutory compliance, public‑interest balancing, public nuisance, and an alleged unconstitutional taking.
- The circuit court granted summary judgment for the County Commission as to the annexation order (leaving other zoning/permit issues for further proceedings). Petitioners appealed.
- The Supreme Court applied de novo review of statutory questions and affirmed the county commission’s approval of the annexation; it declined to resolve the public‑nuisance and taking claims on the sparse record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contiguity under W. Va. Code § 8‑6‑5(f)(1) | Annexed tract is only connected by a narrow private easement and therefore not truly contiguous; creates an unreasonable "island" | Property abuts municipal boundary (via frontage road annexed in 2012) and statute requires only that territory "abut directly" the municipal boundary | Affirmed: statutory definition satisfied; county commission’s finding of contiguity upheld |
| Scope of "minor boundary adjustment" configurations under § 8‑6‑6(b) | "Minor" must be limited to the enumerated street/highway configurations; statute should be read narrowly | Statute’s introductory phrase "in addition to" shows broader scope; Legislature did not limit minor adjustments to streets/highways | Affirmed: statute not limited to only the two enumerated configurations; county discretion broad |
| Sufficiency of City petition and notice under § 8‑6‑5(c)/(e) | Petition contained inaccuracies (e.g., said no businesses/residents) and lacked an accurate map; notice insufficiently detailed | Petition facially met statutory statement requirements; notice satisfied statutory publication/posting obligations; factual disputes can be tested at hearing | Affirmed: petition met threshold requirements so county properly published notice and held hearing; map/statement issues for hearing record |
| Public nuisance / unconstitutional taking | Annexation was a vehicle to permit an unlawful salvage yard, creating a public nuisance and devaluing adjacent property (taking) | These issues were not properly developed below and the annexation order did not authorize a junkyard; factual development remains | Court declined to decide on appeal: remanded/left for further factual proceedings; summary judgment as to annexation affirmed |
Key Cases Cited
- Chrystal R. M. v. Charlie A. L., 194 W. Va. 138, 459 S.E.2d 415 (W. Va. 1995) (de novo review for statutory interpretation)
- In re the Petition of the City of Beckley to Annex, 194 W. Va. 423, 460 S.E.2d 669 (W. Va. 1995) (county commission has broad discretion on minor boundary adjustments; courts defer absent invalid process)
- McCallister v. Nelson, 186 W. Va. 131, 411 S.E.2d 456 (W. Va. 1991) (municipalities have only powers granted by Legislature)
- State ex rel. Barrat v. Dalby, 236 W. Va. 316, 779 S.E.2d 584 (W. Va. 2015) (canon: courts presume legislature means what it says in statutes)