Department of Highways v. Department of Public Institutions
This text of 11 Ct. Cl. 207 (Department of Highways v. Department of Public Institutions) 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.
Opinion
These two State agencies have requested this Court to issue an advisory opinion pursuant to Code 14-2-18. The facts from which this claim arise are stated briefly as follows: during the last quarter of fiscal year 1975-76, the claimant sold gasoline, other automotive supplies and two used 1966 model Ford dump trucks to the respondent. The amount of $1673.19 represents the total sum due claimant from respondent for these various items at the close of the above-mentioned fiscal year.
Respondent in its answer admits the validity of the claim but further alleges that there were not sufficient funds remaining within respondent’s appropriations in fiscal year 1975-76 from which this claim could have been made. If this was a claim being heard under our regular procedure, rather than a request for an advisory opinion, we would not make an award on the basis of this Court’s decision in Airkem Sales and Service, et al v. Department of Mental Health, 8 Ct. Cl. 180 (1971).
The Clerk of this Court is requested to forward copies of this advisory opinion to the heads of the two agencies involved herein.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
11 Ct. Cl. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-highways-v-department-of-public-institutions-wvctcl-1977.