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NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 11, 2011
The widow of a man who died at Eastern Regional Jail in Martinsburg two years ago claims in a lawsuit filed last month that authorities were negligent in his death. Donald Wayne Cline, 47, of Kearneysville, W.Va., was found unresponsive at Eastern Regional Jail on July 22, 2009, within hours after he was arrested and charged with driving under the influence of controlled substances or drugs, police have said. The lawsuit filed on July 20 by Tina Cline names as defendants the Berkeley County Commission (now Berkeley County Council)
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NEWS
By RICHARD F. BELISLE | richardb@herald-mail.com | July 27, 2011
A Harpers Ferry, W.Va., woman is leading an effort to get all 50 states to pass a bill that protects ambulance crews from lawsuits when they have to forcibly enter a home on 911 calls. Acting West Virginia Gov. Earl Ray Tomblin on Wednesday signed what is believed to be the first such civil immunity bill in the nation. Anna Alden said her daughter, Jaclyn Alden, 29, of West Hollywood, Calif., died in her home because her door was locked and rescue crews could not get in. She made her first 911 calls at 8 a.m. and was found dead at 5 p.m. by her boyfriend, Alden said.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | July 20, 2011
A Berkeley County Sheriff's Department deputy claims in a lawsuit filed last month that his boss, Sheriff Kenneth M. Lemaster Jr., violated his privacy rights by forcing him to provide a urine sample for a "non-random drug screening test. " Lemaster Wednesday declined to comment about the civil action, which was filed June 29 in Berkeley County Circuit Court on behalf of Deputy Michael L. Buracker by attorney Barry P. Beck. Lemaster said he had not reviewed the lawsuit and was unable to discuss personnel matters.
NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | February 25, 2011
In a 4-1 decision, the West Virginia Supreme Court of Appeals has ruled that a judge did not have jurisdiction last year when he decided that Berkeley County's public water and sewer districts exceeded their power when they imposed capacity improvement fees. Justice Brent Benjamin dissented in the memorandum decision that was filed Thursday in the case between Larry V. Faircloth Realty Inc. and the Berkeley County Public Service Water and Public Service Sewer districts. The West Virginia Public Service Commission, which regulates public utilities in the state, was an intervenor in the case.
NEWS
By TRISH RUDDER | trishr@herald-mail.com | February 24, 2011
Morgan County has paid its share of the $47,945 post-judgment interest due to 15 former War Memorial Hospital employees who sued the hospital over its defined benefit pension plan. At the Feb. 17 meeting of the Morgan County Commission, commissioners Brenda J. Hutchinson and Bradley J. Close approved a payment of about $24,000 after a closed meeting with legal counsel. The money is to be reimbursed to the county by the liability insurance company, Hutchinson said. Nathan Cochran, an attorney with the office of Richard Gay, who represents the hospital and the county in the matter, met with Hutchinson and Close to discuss the court order that granted the post-judgment interest in the May 4, 2009, decision.
NEWS
January 18, 2011
Six more states joined a lawsuit in Florida against President Obama's health care overhaul on Tuesday, meaning more than half of the country is challenging the law. The announcement was made as House members in Washington, led by Republicans, debated whether to repeal the law. The six additional states, all with Republican attorneys general, joined Florida and 19 others in the legal action, Florida Attorney General Pam Bondi said. "It sends a strong message that more than half of the states consider the health care law unconstitutional and are willing to fight it in court," she said in a statement.
NEWS
By ANDREW SCHOTZ | andrews@herald-mail.com | January 15, 2011
A federal appellate court has ruled that an African-American woman’s civil rights lawsuit against the city of Hagerstown may proceed on the grounds of gender harassment, but not racial harassment. Tiffany Mosby-Grant alleged in her complaint that “an environment of severe, pervasive, and abusive discrimination on account of her race and/or gender” contributed to her failing the Western Maryland Police Academy in May 2006. The city’s police department runs the academy.
NEWS
By HEATHER KEELS | August 31, 2010
In an effort to wrap up the lawsuit that has stalled redevelopment at the former Fort Ritchie, the Washington County Commissioners agreed Tuesday to submit positive comments about a draft document prepared by the Army in response to the lawsuit. The Army is accepting public comment through Sept. 19 on the document, a draft Record of Environmental Consideration (REC) that argues that no additional environmental review of the redevelopment project is needed. The former fort at the northeast corner of Washington County has been transferred to the private development company Corporate Office Properties Trust, which planned a major development there including 1.7 million square feet of office space, 673 homes and apartments, and a hotel and conference center.
NEWS
By KATE S. ALEXANDER | April 23, 2010
GREENCASTLE, Pa. --The Greencastle Borough Council will hold a special meeting Monday to discuss a pending settlement of litigation involving Moss Spring Estates, a borough official said. A group of residents from Moss Spring named the Borough of Greencastle in two lawsuits they hope will keep them out of a homeowners association (HOA) in Antrim Township. The residents sued the borough, the township, the HOA and Developer Frank Plessinger after their borough lots were listed on a township planned residential development (PRD)
NEWS
By HEATHER KEELS | November 23, 2009
CASCADE -- A federal judge has ordered redevelopment put on hold at the former Fort Ritchie U.S. Army base until the Army re-examines the plan's environmental impact. That decision, issued Nov. 10 in the U.S. District Court for the District of Columbia, was in response to a lawsuit filed in 2005 by area property owners Jim Lemon and Robin Biser. The base was closed in 1998 and has been transferred to Corporate Office Properties Trust, a Columbia, Md., company that is building a business and residential development at the site.
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