OPINION ISSUED JANUARY 25, 2000
CABELL COUNTY COMMISSION
SUPREME COURT OF APPEALS
William T. Watson, Attorney at Law, for claimant.
Richard Rosswurm, Attorney at Law, for respondent.
This claim was submitted for decision based upon the allegations in
the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $8,908.00 for home
confinement drug testing fees which were collected and
inadvertently credited to the wrong account for the fiscal years
1992 through 1998, then sent to respondent. Respondent, in its
Answer, admits the validity of the claim and the amount, but states
that there were insufficient funds in its appropriation for the
fiscal year in question from which to pay the claim.
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180