Preview:

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
September 2009 Term

No. 34627

FILED November 2, 2009
released at 3:00 p.m.
RORY L. PERRY II, CLERK

KENNETH EDWARD CHANCE, JR., SUPREME COURT OF APPEALS OF WEST VIRGINIA Plaintiff Below, Appellant v. GEORGE HILL, SUPERINTENDENT, WV CORRECTIONAL INDUSTRIES,
MOUNT OLIVE CORRECTIONAL COMPLEX, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY,
Defendant Below, Appellee


Appeal from the Circuit Court of Fayette County
The Honorable John W. Hatcher, Jr., Judge
Civil Action No. 07-C-53
AFFIRMED.


Submitted: September 23, 2009 Filed: November 2, 2009 Kenneth Edward Chance Pro se Mark E. Troy, Esq. Bailey & Wyant Charleston, West Virginia Attorney for the Appellee

The Opinion of the Court was delivered PER CURIAM. SYLLABUS BY THE COURT


1.

"This Court's review of a trial court's decision on a motion to dismiss

for improper venue is for abuse of discretion." Syl. Pt. 1, United Bank, Inc. v. Blosser, 218 W. Va. 378, 624 S.E.2d 815 (2005).

2.

"`Actions wherein a state agency or official is named, whether as a

principal party or third-party defendant, may be brought only in the Circuit Court of Kanawha County.' Syllabus point 2, Thomas v. Board of Education of McDowell County, 167 W.Va. 911, 280 S.E.2d 816 (1981)." Syl. Pt. 2, State ex rel. Stewart v. Alsop, 207 W. Va. 430, 533 S.E.2d 362 (2000).

i

Per Curiam:

This case is before the Court upon the appeal of Kenneth Edward Chance, Jr., a pro se Appellant, from the April 15, 2008, Order of the Circuit Court of Fayette County, West Virginia, dismissing, without prejudice, the Appellant's action filed pursuant to the provisions of West Virginia Code

Download 34627.pdf

West Virginia Law