Hose v. Berkeley County Planning Commission

In Hose v. Berkeley County Planning Commission, 194 W.Va. 515, 460 S.E.2d 761 (1995), the plaintiff sued (inter alia) the County Planning Commission, on the theory that the Commission's negligence in approving a discharge pipe on a piece of private property led to actionable and injurious water flow from that piece of property onto the plaintiff's property. The Court held in Hose that the "licensing function immunity" of W.Va. Code, 29-12A-5(a)(9) 1985 barred a claim against the Town based on the Town's allegedly negligent approval of the discharge pipe.