Halltown Paperboard Company, the plaintiff in this proceeding, owns and operates a manufacturing plant on Flowing Spring Run which flows in an easterly direction in Halltown Paperboard Company County, West Virginia. In the operation of its business the plaintiff, hereinafter referred to as Halltown, uses the water from the stream upon which it is located. The defendant, The C. Robinson Corporation, herein called Robinson, owns and operates a farm and orchard which are situate on Flowing Spring Run approximately one mile west of Halltown.

After a hearing at which both parties were represented by counsel, the court, on August 30,granted a preliminary injunction. Subsequently, on September 10,the defendant filed a motion to dismiss and dissolve the preliminary injunction, stating as grounds therefor: "1. That there is no jurisdiction in this Court to grant the relief sought in the complaint filed herein.

That the pleadings filed herein do not disclose that the plaintiff has exhausted all of its administrative remedies. On November 24, the court overruled the defendant's motion and certified the following questions to this Court:. Does this Court have jurisdiction to adjudicate upon the rights of two riparian owners, one upper and one lower, in the waters of a watercourse common to both?

Has the Water Resources Board primary jurisdiction, supervision and administration of all laws relating to the allocation, appropriation, protection, enjoyment and use of the water resources of West Virginia, including the waters in the watercourse involved in this action? If the answer to No. Certain questions having been certified by the trial court, it must first be determined whether this is a matter which is properly certifiable.

Any questions pertaining Jrp Company a ruling of the trial Yates Insurance Company on Halltown Paperboard Company motion which challenges the sufficiency of a pleading are properly certifiable to this Court.

Code, In the instant case the motion to dismiss challenged the sufficiency of the complaint on the ground that the court lacked jurisdiction to grant the Halltown Paperboard Company sought. The defendant's motion to dismiss 563rd Mp Company made in accordance with the provisions of R.

Demurrers having been abolished by R. Therefore, the defendant's motion, serving the same function as did the demurrer prior to adoption of the West Virginia Rules of Civil Procedure, properly challenged the sufficiency of the complaint and the questions before us are certifiable.

We are not concerned here with the merits of the case but only with the jurisdiction of the trial court. It is the position of the defendant that, although the circuit court formerly had jurisdiction over cases involving water rights, the legislature by the enactment of certain bills now contained in Article 5, Chapter 20 of the West Virginia Code, took such jurisdiction from the court and conferred it upon the Water Resources Board.

This position is wholly untenable. The material consideration in this proceeding is that the matter in controversy involved a dispute over property rights. That a riparian owner has a property right in the flow of water through or adjacent to his land has long been recognized by our Court and by those in other jurisdictions.

McCausland v. Jarrell et al. Martin, 72 W. Brooks, Ark. Greenwich Water Co. Zeitler, Md. Circuit courts are constitutional tribunals, having been created and provided for by the Constitution itself. See Harbert Halltown Paperboard Company. County Court of Harrison County, W. Under the provisions of Article VIII, Section 12 of our Constitution circuit courts are expressly granted original and general jurisdiction of all matters at law, where the amount in controversy exceeds fifty dollars, and of all cases in equity.

Certainly the jurisdiction assumed by the Circuit Court of Jefferson County in the instant case is in accordance with that expressly granted by the Constitution. In other words, the character of the action involved in this case is within the original and general jurisdiction of that court. When a court, created and in existence by virtue of the Constitution, is granted certain jurisdiction by that document, the legislature has no power to impair the essential nature or jurisdiction thereof.

Bryan v. Miller, 73 N. Hovey v. Noble, Ind. See also State ex rel. North Carolina Utilities Commission v. Old Fort Finishing Plant, N. A constitutional court is not subject to legislative control unless specific authority is conferred upon the legislature by the Constitution.

In view of these principles, which clearly reflect the weight of authority, the jurisdiction assumed by the circuit court in this case was not and could not be impaired or in any manner altered by the legislature.

Its powers came from the Constitution, the basic law of our state. Such powers can be changed only by proper amendment of the Constitution, not by the legislature. Therefore, the first question certified to this Court must be answered in the affirmative. Having held that the circuit court does have original and general jurisdiction over the matters involved in this controversy, and that such jurisdiction, being a constitutional grant, can not be impaired by the legislature, consideration of Pepsi Company Charlotte Nc remaining certified questions would result in a purely academic discussion.

It is sufficient to say that we have carefully examined the provisions of Code,Chapter 20, Article 5, as amended, pertaining to Orange Led Company resources, including the statutes creating the Water Resources Board and the general powers and duties of the chief of its division, and have found nowhere therein the jurisdiction Hindu Company for by Robinson.

As noted above, the legislature is without power to deprive a constitutional court of the authority bestowed upon it by the Constitution. Neither could it endow this administrative body with such judicial powers. By reason of our answer in the affirmative to the first question certified Johnson Smith Company this Court, and in view of the principles of law stated herein, the second certified question must be and is answered in the negative.

This renders an answer to the third question wholly unnecessary. CL Robinson Corp. Enter your email. Halltown Paperboard Co. Annotate this Case. The C. CC Supreme Court of Appeals of West Virginia. Submitted May 12, Decided June 14, Rice, Jr. Clarence E.

Halltown Paperboard Company, Jr. The rulings of the Circuit Court of Jefferson County are affirmed. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases. Legal Marketing.

Producer of Paperboard Products Count on Ox Industries

Halltown Paperboard Mill Celebrating 150 Years . In July 1869 – 10 years prior to the invention of the light bulb – the grist mill in Halltown, WV became a fully operational paper board mill. Later becoming known as Halltown Paper Board Co, the mill produced 6-tons of product from recycled-material per day.…

Halltown Paperboard Mill - Ox Industries

In July 1869, 10 years prior to the invention of the light bulb, the mill in Halltown, WV became a fully operational paperboard mill. Beginning as Eyster and Son and later becoming known as Halltown Paper Board Co, the mill produced 6-tons of product from recycled-material per day.…

HALLTOWN PAPERBOARD COMPANY :: OpenCorporates

Oct 12, 2001 · Free and open company data on West Virginia (US) company HALLTOWN PAPERBOARD COMPANY (company number 203554) Now available: over 400m key company lifecycle events, from officer changes to gazette notices. Read more on our blog. The Open Database Of The Corporate World. Search. Companies Officers…

Halltown Paperboard Co. v. CL Robinson Corp. :: 1966 ...

Halltown Paperboard Company, the plaintiff in this proceeding, owns and operates a manufacturing plant on Flowing Spring Run which flows in an easterly direction in Jefferson County, West Virginia. In the operation of its business the plaintiff, hereinafter referred to as Halltown, uses the water from the stream upon which it is located.…

Working at OX Paperboard in Halltown, WV: Employee Reviews ...

Reviews from OX Paperboard employees about OX Paperboard culture, salaries, benefits, work-life balance, management, job security, and more. ... OX Paperboard Employee Reviews in Halltown, WV. Review this company. Job Title ... while they once did allow for other holidays off this company now has became a pure profit operation, in the process ...2.4/5(18)…

Jefferson County history sources - wvculture.org

A History of Eastern Jefferson County, West Virginia. Bakerton, West Virginia, Jefferson County Oral and Visual History, n.d. 975.499 T399. Thompson, Michael D. Calendar and Index to Recorded Survey Plats in Jefferson County, West Virginia (Virginia) Courthouse, 1801-1901. Charles Town, West Virginia, Jefferson County Historical Society, 1984.…