State ex rel. LaDayne v. West Virginia Legislative Claims Commission (Signed Opinion)
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The Supreme Court denied Petitioner's requested writ of certiorari to vacate an opinion issued by the West Virginia Legislative Claims Commission, holding that the opinion of the Claims Commission was not reviewable by the Supreme Court on a writ of certiorari at this procedural posture.
Following the death of her son, Petitioner submitted a notice of claim with the Claims Commission against the West Virginia Department of Transportation, Division of Highways. The opinion of the Claims Commission stated that the Commission "[was] of the opinion to deny this claim." Petitioner then brought this action seeking a writ of certiorari from the Claims Commission's opinion. The Supreme Court denied the writ, holding that that review by writ of certiorari to this Court does not lie as to a non-binding recommendation of the Claims Commission made pursuant to W. Va. Code 14-2-12 that does not involve an existing or special appropriation and as to which the West Virginia Legislature has not taken final action.
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