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Berkeley County Commission v. Shiley
Citations: 295 S.E.2d 924; 170 W. Va. 684; 1982 W. Va. LEXIS 882Docket: 15061
Court: West Virginia Supreme Court; September 20, 1982; West Virginia; State Supreme Court
In the case of Berkeley County Commission v. Greg Shiley, the Supreme Court of Appeals of West Virginia addressed an appeal by Mr. Shiley against a circuit court's permanent injunction prohibiting him from holding concerts on his property, known as Shiley Acres. Shiley had been promoting rock concerts since 1976 and sought guidance from local authorities to ensure compliance with laws, implementing their suggestions regarding concert timing and audience size. After complaints from nearby residents, the County Commission obtained a temporary injunction, later made permanent after several hearings. Testimonies revealed mixed perspectives: some neighbors reported no disturbances, while others cited traffic issues and public urination. Police testimony indicated minor issues, mainly related to alcohol consumption. A health inspector confirmed that the venue was well-maintained and sanitary. Shiley's appeal contested the County Commission's authority to issue the injunction, the classification of his concerts as nuisances, and the constitutionality of ex parte temporary injunctions. The County Commission referenced West Virginia Code § 16-3-6, which allows for abatement of public health nuisances. The court highlighted that a county commission's powers are limited to those expressly granted by the state constitution and legislature, emphasizing that it may only act within the bounds of the law. The interpretation of Code § 16-3-6 indicated that it was intended to empower officials to address nuisances affecting public health. In Board of Commissioners v. Elm Grove Mining Co., the court upheld that county commissions can abate public health nuisances, as evidenced by a case where sulfur emissions were linked to respiratory issues in the community. However, county commissions lack the authority to condemn abandoned buildings unless they pose a public health threat. The relevant statutes (Code, 7-1-3, et seq.) do not grant commissions the power to enjoin nuisances, limiting their jurisdiction strictly to public health matters under Chapter 16. Unlike municipalities, county commissions do not have a general authority to address public nuisances, likely due to the rural context where such issues are less prevalent. In this case, there was no evidence that Shiley's concerts affected public health, leading to the reversal of the circuit court's injunction. The court did not address other arguments from Shiley, as the decision focused solely on the commission's lack of authority. Additionally, the court noted that it relied on the briefs for testimony details due to the absence of a complete record.