Harrison Co. Fraternal and Service Assoc. v. Harrison-Clarksburg Bd. of Health (Memorandum Decision)
Annotate this Case
Download PDF
STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS FILED Harrison County Fraternal and Service Association, Inc., a corporation, Plaintiff Below, Petitioner March 30, 2012 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA vs) No. 11-0286 (Harrison County 10-C-316-2) Harrison-Clarksburg Board of Health, Defendant Below, Respondent MEMORANDUM DECISION Petitioner, the Harrison County Fraternal and Service Association, Inc. (hereinafter Association ), appeals the circuit court s January 19, 2011, Final Order Dismissing Case and Denying the Plaintiff s Requested Relief in this declaratory judgment action. The Association appears by its attorneys, Jerald E. Jones and Perry B. Jones. Respondent, the Harrison-Clarksburg Board of Health (hereinafter Board ), appears by its attorneys, John R. Hoblitzell and Ann L. Haight. This Court has considered the parties briefs and the record on appeal. The facts and legal arguments are adequately presented in the parties written briefs and the record on appeal, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court concludes that a memorandum decision affirming the circuit court is appropriate under Rule 21 of the Revised Rules of Appellate Procedure. The Board passed the Harrison County Clean Indoor Air Regulation of 2008, to take effect on June 1, 2010. This regulation prohibits smoking in public places and places of employment in Harrison County with certain specified exceptions. In Foundation for Independent Living, Inc. v. Cabell-Huntington Board of Health, 214 W.Va. 818, 591 S.E.2d 744 (2003), we held that local boards of health have statutory authority to enact clean indoor air regulations, and that such regulations are consistent with public policy established by the Legislature. The Association filed this declaratory judgment action asserting that, in light of West Virginia Code of State Rules ยง 110-37-26a.1, the Board must make an exception to the smoking ban for locations where certain charitable raffles are held. We have reviewed the parties arguments and 1 our opinion in Foundation for Independent Living, and we conclude that the circuit court was correct in denying declaratory relief. Accordingly, we affirm. Affirmed. ISSUED: March 30, 2012 CONCURRED IN BY: Chief Justice Menis E. Ketchum Justice Robin Jean Davis Justice Margaret L. Workman Justice Thomas E. McHugh DISSENTING: Justice Brent D. Benjamin 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
