IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
LINDA ADAMS-DOHENY, DANNY L. BOYCE, ANN E. BOYCE,
JANEY I. WIGAL AND AMY B. THOMAS
WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Claimants appeared pro se.
M. Claire Winterholler, Assistant Attorney General, for Respondent.
This claim was submitted for decision based upon the allegations in the Notice of Claim and Respondent’s Answer.
Claimants seek to recover $4,500.00, plus interest at the rate of 7%, for outstanding lease payments pursuant to a lease between the Claimants’ parents and the Respondent. This lease allowed the Respondent to install a medical/law enforcement communications tower on real property owned by the Claimants’ parents. This land was deeded to the Claimants in 2008 and no lease payments have been received as documented by unpaid invoices and the accompanying lease agreement.
In its Answer, Respondent admits the validity of the claim only as to the sum of $2,778.48 and further states that there were sufficient funds expired in the appropriate fiscal years from which the invoices could have been paid. The Respondent denies the validity of the claim as to the sum of $1,721.52, asserting that the Respondent had paid the lease amounts of $250.00 per year for lease years 2005 and 2006. The Respondent further asserts that any payments sought during the lease period of January 1, 2000 through May 20, 2004 are for a time period prior to the Respondent’s Office of Emergency Health Services assuming the lease from the West Virginia Technical Support Network, Inc. and becoming responsible for the lease payments.
The Claimants have agreed to accept the amount of funds that the Respondent has admitted to owing under the lease agreement in full settlement of the claim.
It is the opinion and recommendation of the Legislative Claims Commission that the Claimants should be awarded the sum of $2,778.48 in payment of services provided pursuant to a lease agreement between the Claimants’ parents and the Respondent
Award of $2,778.48.