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WV Human Rights Comm. v. Wilson Estates
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 1998 Term __________ No. 24142 __________ WEST VIRGINIA HUMAN RIGHTS COMMISSION, ON ITS OWN BEHALF AND ON BEHALF OF CAPRICE A. STEPHEN, Appellant v. WILSON ESTATES, INC., A WEST VIRGINIA CORPORATION, AND BRIAN K. WILSON, Appellee __________________________________________________________________ Appeal from the Circuit Court of Marion County Honorable Rodney B. Merrifield, Judge Civil Action No. 94-C-237 REVERSED AND REMANDED __________________________________________________________________ Submitted: January 20, 1998 Filed: May 18, 1998 Darrell V. McGraw, Jr. Attorney General Mary Blain McLaughlin Assistant Attorney General Charleston, West Virginia Attorneys for the Appellant Stephen R. Brooks Furbee, Amos, Webb & Critchfield Fairmont, West Virginia Attorney for the Appellee

JUSTICE WORKMAN delivered the Opinion of the Court. JUSTICE MAYNARD and JUSTICE McCUSKEY concur, and reserve the right to file concurring opinions. SYLLABUS BY THE COURT 1. "'"A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Syllabus Point 3, Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York, 148 W.Va. 160, 133 S.E.2d 770 (1963).' Syllabus Point 1, Andrick v. Town of Buckhannon, 187 W.Va. 706, 421 S.E.2d 247 (1992)." Syl. Pt. 2, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994). 2. "Summary judgment is appropriate where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, such as where the nonmoving party has failed to make a sufficient showing on an essential element of the case that it has the burden to prove." Syl. Pt. 4, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d

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755 (1994). 3. Under the West Virginia Fair Housing Act, West Virginia Code

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