Hose v. Berkeley County Planning Com'n

In Hose v. Berkeley County Planning Com'n, 194 W. Va. 515, 460 S.E.2d 761 (1995), a landowner attempted to impose liability on a developer for changing the flow of surface water which resulted in flooding of the landowner's property. The Court found that the County Planning Commission and the County Engineer were immune under W.Va. Code 29-12A-5(a)(9), and the Court held in Syllabus Point 5: "W. Va. Code, 29-12A-5(a)(9) [1986] clearly contemplates immunity for political subdivisions from tort liability for any loss or claim resulting from licensing powers or functions such as the issuance, denial, suspension or revocation of or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval order or similar authority, regardless of the existence of a special duty relationship. "