In Stull , this Court determined that prisoners lodged in county and regional jails are being denied their statutory right to be housed in state correctional facilities. We appointed a special master and are requiring development and implementation of a plan to move those inmates. But in the instant case, the majority shows little inclination to protect the constitutional rights of school teachers, union coal miners, environmentally concerned citizens, small property owners, and taxpayers generally. I believe that any attempt at answering this question would be pointless, speculative, and counterproductive. Instead, I look to the future.
Hope springs eternal in the human breast.
If the circuit court still will not make such a ruling, I hope that the plaintiffs will ask for mandamus relief from this Court, to require the circuit court to rule. And if this Court faces these issues again, I hope that we will choose to give the same consideration and protection to the rights of law-abiding taxpayers that we give to the rights of incarcerated criminals. Both are deserving of and entitled to our attention. For the foregoing reasons, I dissent from the court's decision to dismiss the appeal. Moreover, the interests of all citizens of West Virginia are affected by the State's system of coal reserve tax valuation and assessment.