Victory in the WV Supreme Court of Appeals

Posted: Tuesday, May 19, 2009

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     On May 19, 2009, in Terry Hill v. Gregory Brent Stowers (No. 34143)--a case of first impression in the state of West Virginia--the West Virginia Supreme Court of Appeals held that there is no private cause of action for damages afforded a losing candidate in a public election. As a result, the Court affirmed the Circuit Court's dismissal of Mr. Hill's lawsuit against Mr. Stowers.

 

     The Court reasoned that to permit such a cause of action would usurp the legislative scheme in place to contest elections, and that "not only would there be the potential for the outcome of such a private cause of action to be at odds with the certified results of the election at issue, there would be the potential for no finality to any election." Further, the Court opined that a civil action for damages for alleged election fraud is unsusceptible to the level of proof necessary to sustain such a claim.

 

Mr. Stowers was represented by Robert B. Allen and Stephanie D. Thacker, Allen, Guthrie & Thomas.

 

Click To Read the West Virginia Supreme Court of Appeals Opinion.