City of Martinsburg v. County Council of Berkeley County
This text of City of Martinsburg v. County Council of Berkeley County (City of Martinsburg v. County Council of Berkeley County) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILED No. 21-0579 – City of Martinsburg v. County Council of Berkeley County October 26, 2022 released at 3:00 p.m.
WOOTON, J., concurring: EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA
I concur in the majority’s conclusion that the legal issue presented herein has
been rendered moot by virtue of completion of the underlying project. Inasmuch as the
legal issues have been rendered moot, it is both unnecessary and unedifying to belabor the
perceived inadequacy of the briefing in the case. The majority’s discussion in this regard
stands in contrast to its handling of other cases frequently presented to this Court in which
the briefing is decidedly underdeveloped or lacking in strict procedural compliance, yet
little or no criticism is given. Therefore, while I concur in the majority’s resolution of this
appeal, I note my disagreement with its treatment of the briefing and associated
commentary.
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City of Martinsburg v. County Council of Berkeley County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-martinsburg-v-county-council-of-berkeley-county-wva-2022.