City of Grafton v. Division of Corrections

West Virginia Court of Claims

City of Grafton v. Division of Corrections

19 Ct. Cl. 68

CourtWest Virginia Court of Claims

DecidedJanuary 24, 1992

DocketCC-91-330

StatusPublished

This text of 19 Ct. Cl. 68 (City of Grafton v. Division of Corrections) 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 Grafton v. Division of Corrections, 19 Ct. Cl. 68 (W. Va. Super. Ct. 1992).

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Opinion

PER CURIAM:

Claimant brought this action to recover late charges in the amount of $1,073.60 when the respondent State agency’s facility, Pruntytown Facility, failed to pay water service fees and fire service fees within a twenty-fay period. The Public Service Commission has provided a late charge penalty in the tariff for claimant.

Respondent, in its Answer, admits the validity of the claim, but states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the claim.

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

Claim disallowed.

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