JONES v. ROCKEFELLER

Nos. 15783 and 15863-15865.

303 S.E.2d 668 (1983)

Orton A. JONES, Committee of Doris R. Smith, an Incompetent; Marjorie Lattimer, Individually and as Next Friend of Shirley Mae Lattimer and Roger Lattimer, Incompetents; Arnold C. Mace; Donna S. Hickman; Nathan Sanchez; Larry Ferrell; Lauren Atkinson and Betty Miller v. The Honorable John D. ROCKEFELLER, IV, Governor of the State of West Virginia; Dr. L. Clark Hansbarger, Director, West Virginia Department of Health; Desmond Byrne, Superintendent, Spencer Hospital; and Arnold Margolin, Director of Finance and Administration of the State of West Virginia. Orton A. JONES, Committee of Doris R. Smith, an Incompetent; Marjorie Lattimer, Individually and as Next Friend of Shirley Mae Lattimer and Roger Lattimer, Incompetents; Arnold C. Mace; Donna S. Hickman; Nathan Sanchez; Larry Ferrell; Lauren Atkinson and Betty Miller v. Honorable John D. ROCKEFELLER, IV, Governor of the State of West Virginia; and Honorable Donald L. Kopp, Clerk of the House of Delegates of the State of West Virginia. v. Vonda GOODWIN, Norman Jean Davis, Willard Bruce Johnson, Arlene Starcher, on Behalf of Delmer Lovell, and WVADD (West Virginia Advocates For the Developmentally Disabled, Inc.) v. L. Clark HANSBARGER, Director, West Virginia Department of Health; and Donald Kopp, Clerk, West Virginia House of Delegates. Tom WOODRUFF, Linda Moore, Robert Nichols, Terry Williams, Sherry Blosser, William P. White, Linda Nichols, Ronzell Boggs, Ruth Boggs, Paula Moore, Ruth Dawson, Madeline Smith, Josephine Summers, James Bradley, Rex Starcher, Charles White, Rita Ringer, and Phillip Ambrose v. Dr. L. Clark HANSBARGER, Director, West Virginia Department of Health; and Donald E. Kopp, Clerk, West Virginia House of Delegates.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion May 18, 1983.

Concurring Opinion May 23, 1983.


Attorney(s) appearing for the Case

Hedges & Jones, G.F. Hedges, Jr. and Orton A. Jones, Thomas C. Evans, III, Richard D. Frum, Spencer, for petitioners in Nos. 15783 and 15863.

Gerald M. Titus, Jr., Spencer, for petitioners in No. 15863.

Daniel F. Hedges and C. Cooper Fulton, Charleston, for petitioners in No. 15864.

Crandall, Pyles & Crandall, Penelope Crandall and Grant Crandall, Charleston, for petitioners in No. 15865.

Chauncey Browning, Atty. Gen., Victor A. Barone, Deputy Atty. Gen. and David Patrick Lambert, Asst. Atty. Gen., Charleston, for respondents.


McHUGH, Justice:

These actions, No. 15783, No. 15863, No. 15864 and No. 15865, are before this Court upon petitions in mandamus which seek publication of the West Virginia budget bill for fiscal year 1983-84 as enacted by the West Virginia Legislature and without subsequent budgetary reductions by the governor relating to Spencer Hospital. By orders entered on March 31,1983, this Court issued rules directing the respondents...

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