OPINION ISSUED JANUARY 18, 1988
CITY OF GLENVILLE
GOVERNOR'S OFFICE OF COMMUNITY
AND INDUSTRIAL DEVELOPMENT
No appearance by claimant.
Robert D. Pollitt, Senior Assistant Attorney General, for
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $33,872.22 for payment of invoices which were
to a contract with the respondent under the Governor's Community
Partnership Grant Program.
In accordance with the contract, the claimant began an improvement
project to its water system
for which claimant incurred invoices for services. The respondent
the validity and amount
of the claim and states that there were sufficient funds in
budget for the appropriate
fiscal year with which the claim could have been paid; however, the
respondent was unable to
make payment as the State Auditor returned the transmittal to the
respondent with the
explanation that the Treasury of the State of West Virginia lacked
sufficient funds to process the
The Court has reviewed the petition, Answer, and contract and finds
State agency had
sufficient funds within its appropriated budget to pay the claim
finds that the claimant is
entitled to an award from the respondent.
In view of the foregoing, the Court makes an award in the amount of
Award of $33,872.22.