State ex rel. State Building Commission v. Casey

232 S.E.2d 349, 160 W. Va. 50, 1977 W. Va. LEXIS 224
CourtWest Virginia Supreme Court
DecidedFebruary 15, 1977
DocketNo. 13776
StatusPublished
Cited by2 cases

This text of 232 S.E.2d 349 (State ex rel. State Building Commission v. Casey) 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
State ex rel. State Building Commission v. Casey, 232 S.E.2d 349, 160 W. Va. 50, 1977 W. Va. LEXIS 224 (W. Va. 1977).

Opinion

Harshbarger, Justice:

In 1976 the State Building Commission, which had constructed a restaurant facility in the main building of the West Virginia Capitol, received four proposals to operate the restaurant, one of which was from the West Virginia Society for the Blind and Severely Disabled, a corporation. It awarded the contract to one of the other proposers, Waybright Enterprises, Inc.

Circuit Judge Patrick Casey issued an injunction at the request of the other respondents to restrain the Commission from operating a restaurant in the State Capitol building via contract with Waybright Enterprises, Inc. Thereupon the State brought this petition to prohibit enforcement of the injunction.

Judge Casey’s injunction was based upon his finding that W. Va. Code, 18-10G (1971) forecloses food service in the Capitol by any entity other than respondent West Virginia Society for the Blind and Severely Disabled, a non-profit corporation.

ARTICLE 10G. PROVIDING OF FOOD SERVICE IN PUBLIC OFFICE BUILDINGS BY THE WEST VIRGINIA SOCIETY FOR THE BLIND AND SEVERELY DISABLED.

§18-10G-1. Policy and purposes; construction of article.
It is hereby declared to be the policy of this State and the purposes of this article to provide [52]*52blind and severely disabled persons with the maximum opportunities for remunerative employment and for training for such employment; to enlarge the economic opportunities of the blind and severely disabled; and to stimulate them to greater effort in striving to make themselves self-supporting. This article shall be construed so as to most effectively carry out this policy and to accomplish these purposes. (1971, c. 156.)

§18-10G-2. Definitions.

For the purpose of this article:

(a) “Public office building” shall mean and include the state capítol, all county courthouses, all city and town halls, all buildings used primarily for governmental offices of the State and of any county, city and town within the State, but shall not include public school buildings and buildings of institutions under the jurisdiction of the West Virginia board of regents, the department of health, the department of mental health, the department of natural resources or the commissioner of public institutions.
(b) “Food service” shall mean and include a restaurant, cafeteria, snack bar, vending machine for the dispensing of foods, beverages, confections, tobacco, or other products for human consumption, and other facilities for the sale or providing of goods and services of the types customarily offered in connection with the operation of any of the foregoing: Provided, that the term “food service” shall not include, and there is expressly excepted therefrom, goods and services sold, dispensed, or provided by the veterans administration and the facilities for the sale, dispensing, or providing thereof.
(c) “Society” shall mean the West Virginia society for the blind and severely disabled, a non-stock corporation.
(d) “Governmental agency” shall mean and include the State of West Virginia, each instrumen[53]*53tality and agency thereof, and every county, city and town within and every political subdivision of, the State of West Virginia, except county boards of education, the West Virginia board of regents, the department of health, the department of mental health, the department of natural resources or the commissioner of public institutions. (1971, c. 156.)
§18-10G-3. Operation of food service in public office buildings by West Virginia division of vocational rehabilitation; operation of food service by governmental agency in violation of article prohibited.
(a) If a governmental agency proposes operating in a public office building a food service, whether such operation be of a food service in existence on the effective date of this article [June 11, 1971] or be one thereafter to be instituted, the governmental agency, before continuing such existing operation beyond the period of six months immediately following the effective date of this article or before instituting such proposed new operation, shall in writing offer to the society the opportunity to operate such food service in such public office building.
(b) If the society within sixty days from the receipt of the offer mentioned in subsection (a) of this section elects to operate such food service as is mentioned in the offer and if the governmental agency by which such offer shall have been made does not, within such sixty-day period, make the determination of inability mentioned in subsection (d) of this section in the manner prescribed in that subsection, the society may institute and conduct the operation of such proposed food service in such public office building without the payment of rent or other compensation for the premises occupied by it in the rendition of such service therein or for the privilege of conducting such operation.
[54]*54(c) If the society under the authority of subsection (b) of this section shall institute and conduct the operation of such food service as is mentioned therein, the governmental agency shall not during the course of such operation, operate a food service in such public office building or by contract, lease, license, or otherwise, permit any other person, firm, corporation, or agency to do so.
(d) If within sixty days from the receipt by the society of the offer mentioned in subsection (a) of this section, the society shall reject or shall fail to accept the offer, or the governmental agency by which the offer was made shall, in good faith and after a full and thorough study of the relevant circumstances, determine that the society is unable satisfactorily to operate such proposed food service, or the society shall have accepted such offer, but, within the period of six months from such acceptance, shall have failed to institute such food service, such proposed food service may thereupon be provided in such other manner as may be permitted by law, free from the requirements of this article, and if so instituted, the society shall not thereafter, without the express permission of the offering agency, institute such proposed food service in the public office building designated in such offer. If the governmental agency by which such offer shall have been made shall make the determination of inability of the society to operate the proposed food service, the governmental agency shall, within the aforementioned sixty-day period, provide the society with a full written statement of the reasons upon which such determination was predicated, and a food service shall not be operated in such public office building free from the requirements of this article until the written statement mentioned in this subsection shall have first been given.
(e) Notwithstanding any other provisions contained in this article, no governmental agency [55]

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Cite This Page — Counsel Stack

Bluebook (online)
232 S.E.2d 349, 160 W. Va. 50, 1977 W. Va. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-building-commission-v-casey-wva-1977.