City of Elkins v. Governor's Office

West Virginia Court of Claims

City of Elkins v. Governor's Office

18 Ct. Cl. 35

CourtWest Virginia Court of Claims

DecidedJanuary 19, 1990

DocketCC-89-478

StatusPublished

This text of 18 Ct. Cl. 35 (City of Elkins v. Governor's Office) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Elkins v. Governor's Office, 18 Ct. Cl. 35 (W. Va. Super. Ct. 1990).

Pincite

Opinion

PER CURIAM:

[36]*36This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent's Answer.

Claimant seeks $31,400.89 which is reimbursement for costs incurred as a result of the 1985 flood. The City of Elkins has received $11,911.11 from the account designated for this flood, but that was a partial payment. The Governor's flood account is now depleted; therefore, the claimant has not been paid. Respondent admits the validity and amount of the claim, but states that it was not paid as the respondent does not have a source of funds to pay it.

While this is a claim which in equity and good conscience should be paid, the Court finds that an award cannot be made based on the decision in Airkem Sales & Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim is disallowed.

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