West Virginia Lottery v. A-1 Amusement, Inc. (Signed Opinion)Annotate this Case
In this dispute between the West Virginia State Lottery, the Lottery Commission, the Lottery Director (collectively, the State Lottery) and certain entities issued permits to operate limited video lottery game terminals (Permit Holders), the Supreme Court affirmed in part and reversed in part the order of the circuit court denying the State Lottery’s denial of its motion to dismiss on the grounds that it waived its sovereign and qualified immunity defenses. The dispute arose after the State Lottery instructed the Permit Holders that they would be required to use a different software program at their expense. The Permit Holders alleged a taking without just compensation, deprivation of property without due process, and civil conspiracy. The Supreme Court held (1) the State Lottery did not waive its rights to sovereign and qualified immunity; and (2) because the circuit court did not make any findings or inquiries relating to qualified immunity, this case must be remanded for a determination of whether the State Lottery was qualifiedly immune under the circumstances.