WVa Court Rejects Appeal Of Coal Silo Near School

The opinion also made it clear the state's only appellate court is not going to become embroiled in policy questions that should be decided by lawmakers.

"It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation. It is the duty of this Court to enforce legislation unless it runs afoul of the State or Federal Constitutions," Ketchum wrote.