Randy Waugh/Waugh's Mobile Home Park v. Morgan Co. Emergency Medical Services Board

781 S.E.2d 379, 236 W. Va. 468, 2015 W. Va. LEXIS 1052
CourtWest Virginia Supreme Court
DecidedNovember 4, 2015
Docket14-1209
StatusPublished
Cited by1 cases

This text of 781 S.E.2d 379 (Randy Waugh/Waugh's Mobile Home Park v. Morgan Co. Emergency Medical Services Board) 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.

Bluebook
Randy Waugh/Waugh's Mobile Home Park v. Morgan Co. Emergency Medical Services Board, 781 S.E.2d 379, 236 W. Va. 468, 2015 W. Va. LEXIS 1052 (W. Va. 2015).

Opinion

Benjamin, Justice:

Petitioner Randy Waugh/Waugh’s Mobile Home Park appeals the October 29, 2014, final order of the Circuit Court of Morgan County that granted relief to Respondent Morgan County Emergency Medical Services Board, Inc. (“the Board”) in the Board’s action against the petitioner for the collection of delinquent special emergency ambulance service fees. After reviewing the circuit court’s order, the parties’ arguments, the appendix, and the applicable law, we affirm the circuit court’s order.

I. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Randy Waugh is the owner of Waugh’s Mobile Home Park, which is a sixty-space mobile home park located in Morgan County. Fifteen mobile home spaces in the park have mobile homes on them that are owned by the petitioner and rented to tenants.

Respondent Morgan County Emergency Medical Services Board, Inc. is a public corporation created by the -County Commission of Morgan County pursuant to W. Va.Code § 7-15-4 (1975) for the purpose of providing emergency ambulance service in Morgan County. Pursuant to the Morgan County, West Virginia Special Emergency Ambulance Service Fee Ordinance (“the ordinance”), a special emergency ambulance service fee is imposed on each county residence for the previous fiscal year from July 1 through June 30. This service fee is assessed for each of the petitioner’s fifteen rental units based on information provided by the petitioner to the -Morgan County Assessor’s Office. This information contained the names and addresses of the renters of the fifteen *471 rental units, and also indicated which of the units were vacant as of July.l of each year.

The Board brought an action against the petitioner alleging that, the petitioner owed delinquent special emergency ambulance service fees on the rental units in the petitioner’s mobile home park for tax years 2008, 2009, 2010, 2011, and 2012. • All of the claims for delinquent emergency ambulance service fees pertain to the petitioner’s fifteen rental units and arise from instances in which the petitioner failed to pay the service fees on rental units which were vacant on the July 1 assessment date or in which only the petitioner, and not the occupants of rental units, were billed for payment of the service fees. In defense of his failure to pay the fees at issue, the petitioner challenge^ the Board’s ability to sue him for the collection of delim quent service fees in the absence of joinder of the Morgan County Commission.' The petitioner further asserted that the Morgan County, West Virginia Special Emergency Ambulance Service Fee Ordinance acts unlawfully to -the extent that it provides for the joint and several liability of both the owner and renter of each rental for payment of the service fee unit and to the extent that the ordinance assesses a service fee for rental units that are vacant on July 1 of, the previous year.

In its action against the petitioner, the Board requested judgment as to' the delinquent service fees, interest, and court costs; that the circuit court declare that the Morgan County Commission has express statutory power to create the Morgan County Emergency Medical Services Board; that'the county commission has the statutory authority to authorize the Board to collect all delinquent ambulance fees; and that the Board has-the power in its own right to institute legal proceedings for the collection of delinquent ambulance service fees.

In its October 29, 2014, order, the Circuit Court of Morgan County granted the Board all of the relief it requested. The petitioner now challenges the circuit court’s order in this appeal.

II. STANDARD OF REVIEW

The resolution 'of this case requires this Court to determine the meaning of a statutory provision. We have previously held that “fwjhere the issue on an appeal from the circuit court is clearly a question of law. or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. pt;‘ 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995). In addition, we are called upon to determine the validity -of. portions of a county ordinance which .also involves the application of a de novo review. McClure v. City of Hurricane, 227 W.Va. 482, 485, 711 S.E.2d 552, 555 (2010) (explaining that “[a] de novo standard of review also governs the interpretation of .... a municipal -ordinance as it involves a purely legal question.” citing syl pt. 1, Appalachian Power Co. v. State Tax Dep’t of W. Va., 195 W.Va. 573, 466 S.E.2d 424 (1995)). Having set forth tlie appropriate standard of review, we-now proceed to our analysis of the issues herein.

III. ANALYSIS

This case involves the application of specific provisions of the Emergency Ambulance Service Act of 1975, W. Va.Code §§ 7-15-1 to-18 (sometimes referred to as “the Act”). The purpose of the Act is set forth in W. Va.Code § 7-15-2 (1975) as follows:

The legislature hereby finds and declares:
(a) That a significant part of the population of-this State does not have adequate emergency ambulance service;
- (b) That the establishment and maintenance of. adequate emergency ambulance systems for the entire State is necessary to promote the health and welfare of the citizens and residents'of this State;
(c) That emergency ambulance service is not likely to become available to all the citizens and residents of this State unless specific requirements therefor are provided by law;
(d) That emergency ambulance service is a public purpose and a responsibility of government for which public money may be spent; and
*472 (e) This article is enacted in view of these findings and shall be liberally construed in the light thereof. 1 .

(Footnote added).

In order to further the purpose set forth in W. Va.Code § 7-15-2, the’ Legislature imposed a duty-on the county commission of each county to provide ambulance service to its- residents either directly .or by delegation to or contract with a 'separate entity. According to W. Va.Code § 7-15-4 (1975),

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Bluebook (online)
781 S.E.2d 379, 236 W. Va. 468, 2015 W. Va. LEXIS 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randy-waughwaughs-mobile-home-park-v-morgan-co-emergency-medical-wva-2015.