T & C Construction Services, LLC v. City of St. Albans (Signed Opinion)
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The case involves T & C Construction Services and Theodore Miller (collectively, T & C), who operate a rental building in St. Albans, West Virginia. The City of St. Albans inspected the premises after a tenant reported a fire, revealing numerous fire hazards and building code violations. The City issued two citations for these violations, and the St. Albans Municipal Court fined T & C $81,250.00 for the fire code violations and $116,900.00 for the building code violations. After T & C failed to appeal these orders, the City sought enforcement in the Circuit Court of Kanawha County.
The Circuit Court of Kanawha County issued a cease-and-desist order that enjoined T & C from operating its rental business on the premises, granted the City a money judgment for the criminal fines, and appointed a special commissioner to sell the property to satisfy the judgment. T & C appealed this enforcement order to the Supreme Court of Appeals of West Virginia.
The Supreme Court of Appeals of West Virginia affirmed the lower court's decision to grant injunctive relief, rejecting T & C’s challenges to the injunctive relief. The court found that the lower court had jurisdiction to grant injunctive relief and did not abuse its discretion in doing so. However, the court reversed the lower court's appointment of a special commissioner to sell the property. The court held that the issuance and return of a writ of fieri facias showing “no property found” is a precondition to a circuit court’s jurisdiction to order the sale of a debtor’s property to satisfy a judgment for a criminal fine. The case was remanded for proceedings consistent with this opinion.
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