Vankirk v. Young

13 Citing cases

  1. Freeland v. Marshall

    895 S.E.2d 6 (W. Va. 2023)   Cited 4 times

    The Legislature did not so pen West Virginia Code ยง 15A-4-17(i)(2) and "we cannot rewrite the statute โ€ฆ nor can we interpret the statute in a manner inconsistent with the plain meaning of the words." VanKirk v. Young, 180 W. Va. 18, 20, 375 S.E.2d 196, 198 (1988).

  2. State v. McClain

    247 W. Va. 423 (W. Va. 2022)   Cited 6 times
    In McClain, a collision resulted when a defendant's tractor-trailer clipped an oncoming tractor-trailer on a narrow road, causing the oncoming tractor-trailer to collide with a motorist.

    Furthermore, this Court " โ€˜cannot rewrite a statute so as to provide relief ... nor can we interpret the statute in a manner inconsistent with the plain meaning of the words.โ€™ VanKirk v. Young , 180 W. Va. 18, 20, 375 S.E.2d 196, 198 (1988)."

  3. Sostaric v. Marshall

    766 S.E.2d 396 (W. Va. 2014)

    Worley v. Beckley Mech., Inc., 220 W.Va. 633, 643, 648 S.E.2d 620, 630 (2007) (Benjamin, J., dissenting) (emphasis added; internal quotations and citations omitted). See also VanKirk v. Young, 180 W.Va. 18, 20, 375 S.E.2d 196, 198 (1988) (โ€œWhile it is unfortunate that the legislature did not foresee the situation now before us, we cannot rewrite the statute so as to provide relief ..., nor can we interpret the statute in a manner inconsistent with the plain meaning of the words.โ€). Thus, to the extent that the prevailing statute, W. Va.Code ยง 38โ€“1โ€“3, addresses the manner in which trustee sales are to be conducted, but is silent as to what should be done when the trustee sale proceeds are not sufficient to fulfill the balance of the remaining indebtedness, it is for the Legislature to address this consequenceโ€”not this Court.

  4. Sostaric v. Marshall

    766 S.E.2d 396 (W. Va. 2014)

    Worley v. Beckley Mech., Inc., 220 W.Va. 633, 643, 648 S.E.2d 620, 630 (2007) (Benjamin, J., dissenting) (emphasis added; internal quotations and citations omitted). See also VanKirk v. Young, 180 W.Va. 18, 20, 375 S.E.2d 196, 198 (1988) (โ€œWhile it is unfortunate that the legislature did not foresee the situation now before us, we cannot rewrite the statute so as to provide relief ..., nor can we interpret the statute in a manner inconsistent with the plain meaning of the words.โ€). Thus, to the extent that the prevailing

  5. Associated Press v. Canterbury

    224 W. Va. 708 (W. Va. 2009)   Cited 9 times   1 Legal Analyses
    Holding that "a personal e-mail communication by a public official or public employee, which does not relate to the conduct of the public's business, is not a public record subject to disclosure" and surveying case law from other jurisdictions

    We have held on a number of occasions that "[t]his court `cannot rewrite [a] statute so as to provide relief . . . nor can we interpret the statute in a manner inconsistent with the plain meaning of the words.'" McVey v. Pritt, 218 W. Va. 537, 540-41, 625 S.E.2d 299, 302-03 (2005) (quoting VanKirk v. Young, 180 W. Va. 18, 20, 375 S.E.2d 196, 198 (1988)). Accord Dunlap v. Friedman's, Inc., 213 W. Va. 394, 398, 582 S.E.2d 841, 845 (2003) ("[T]his Court cannot substitute its own judgment for that of the legislature and significantly rewrite the statute."

  6. McVey v. Pritt

    218 W. Va. 537 (W. Va. 2005)   Cited 4 times

    This court "cannot rewrite [a] statute so as to provide relief . . . nor can we interpret the statute in a manner inconsistent with the plain meaning of the words." VanKirk v. Young, 180 W. Va. 18, 20, 375 S.E.2d 196, 198 (1988). Since there is no ambiguity in the first provision of W. Va. Code ยง 17C-5A-2, which unequivocally refers to previous suspensions, as well as previous revocations, of a person's driver's license under W. Va. Code ยง 17-C-5A-1 or under W. Va. Code ยง 17-C-5A-2, and since McVey's previous suspension falls within the time period specified, the Commissioner of the Division of Motor Vehicles has no discretion. The Commissioner "shall" revoke the person's driver's license for a period of ten years according to the clearly expressed legislative intent in W. Va. Code ยง 17C-5A-2(i).

  7. State v. City of Wheeling

    212 W. Va. 538 (W. Va. 2002)   Cited 14 times
    Indicating that when a state proceeding presents a preemption issue the proper course is to seek resolution of that issue by the state court

    It is only in rare instances that we will negate the meaning of a plain and unambiguous statute, and the City raises none of these exceptions. Indeed, "[w]hile it is unfortunate that the legislature did not foresee the situation now before us, we cannot rewrite the statute so as to provide relief . . . nor can we interpret the statute in a manner inconsistent with the plain meaning of the words." Van Kirk v. Young, 180 W. Va. 18, 20, 375 S.E.2d 197, 198 (1988). See, e.g., Frazier, 193 W. Va. at 24, 454 S.E.2d at 69 ("Although courts should not ordinarily stray beyond the plain language of unambiguous statutes, we recognize the need to depart from the statutory language in exceptional circumstances.").

  8. American Tower Corp. v. Common Council

    210 W. Va. 345 (W. Va. 2001)   Cited 8 times
    In American Tower Corporation v. Common Council of the City of Beckley, 210 W. Va. 345, 557 S.E.2d 752 (2001), the Board of Zoning Appeals of the City of Beckley failed to make written findings of fact when it approved a conditional use permit for the construction of a radio antenna tower within the City's corporate limits.

    Syllabus point 5, State of West Virginia v. General Daniel Morgan Post No. 548, V.F.W., 144 W. Va. 137, 107 S.E.2d 353 (1959)." Syllabus point 1, VanKirk v. Young, 180 W. Va. 18, 375 S.E.2d 196 (1988). Syl. pt. 3, Webster County Comm'n v. Clayton, 206 W. Va. 107, 522 S.E.2d 201 (1999).

  9. Verba v. Ghaphery

    No. 27464 (W. Va. Dec. 13, 2000)   Cited 1 times

    Therefore, we must apply, rather than construe its terms. See Syl. pt. 1, VanKirk v. Young, 180 W. Va. 18, 375 S.E.2d 196 (1988). A strict application of W. Va. Code ยง 55-7B-8 in the year 2000 is problematic, though, because the legislative intent of allowing a maximum recovery of one million dollars cannot be achieved.

  10. Carvey v. West Virginia State Bd. of Educ

    206 W. Va. 720 (W. Va. 1999)   Cited 19 times

    Syllabus point 5, State of West Virginia v. General Daniel Morgan Post No. 548, V.F.W., 144 W. Va. 137, 107 S.E.2d 353 (1959). Syl. pt. 1, VanKirk v. Young, 180 W. Va. 18, 375 S.E.2d 196 (1988). See also Syl. pt. 4, Daily Gazette Co., Inc. v. West Virginia Dev. Office, 206 W. Va. 51, 521 S.E.2d 543 (1999) (same).