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STATE EX REL. GRANT COUNTY COM'N v. NELSON

No. 20-0600.

856 S.E.2d 608 (2021)

STATE of West Virginia EX REL. GRANT COUNTY COMMISSION, Petitioner v. Honorable Lynn A. NELSON, Judge of the Circuit Court of Grant County, West Virginia; Kimberly Linville; Robert "Bob" Milvet; and the Board of Trustees of Grant Memorial Hospital Trust Foundation, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: March 22, 2021.

Concurring Opinion of Justice Wooton March 23, 2021.

Concurring and Dissenting Opinion of Justice Walker March 23, 2021.

Attorney(s) appearing for the Case

Peter G. Zurbuch , Jeffrey S. Zurbuch Busch, Zurbuch & Thompson, PLLC, Elkins, West Virginia, Attorneys for Petitioner.

G. Isaac Sponaugle, III , SPONAUGLE & SPONAUGLE ATTORNEYS AT LAW, Franklin, West Virginia, Jane E. Peak , Allan N. Karlin & Associates, PLLC, Morgantown, West Virginia, Attorneys for Respondent, Kimberly Linville , Wendy G. Adkins , Jackson Kelly PLLC, Morgantown, West Virginia, Justin M. Harrison , Jackson Kelly PLLC, Charleston, West Virginia, Attorneys for Respondents, Grant Memorial Hospital and Robert "Bob" Milvet.

The Petitioner, Grant County Commission ("the Commission"), seeks review of an order entered by the Circuit Court of Grant County on July 29, 2020, denying the Commission's motion to dismiss causes of action asserted against the Commission.1 The instant litigation began when the Respondent, Kimberly...

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