Cabell County Story Archives - West Virginia Public Broadcasting

State, National Organizations Petition W.Va. Supreme Court To Keep Huntington, Cabell Opioid Case Alive

A group of national and state organizations are asking the state Supreme Court to side with Cabell County and Huntington in their lawsuit against major opioid distribution companies.

The Amici Curiae, or friends of the court, are organizations that have an interest in the outcome of the case.

“The opioid crisis represents one of the greatest threats to public health in our lifetime, with profound consequences for the communities Amici serve,” the Amici said in the brief.

The case pivots on the legal definition of what is considered a public nuisance. After Judge David Faber ruled narrowly on what defines a public nuisance, Cabell and Hunting lost their case against the companies. The Amici told the court in its brief that Faber’s decision was overly restrictive and inconsistent with West Virginia law.

“(The decision) prevents opioid distributors from being held responsible for the costs of abating the crisis they caused,” the Amici said in the brief. “And improvidently diminishes their duty to avert the further spread of the crisis to almost nothing.”

The localities appealed the decision in the U.S. Fourth Circuit Court of Appeals, which asked the state Supreme Court to define the legal reach and definition of a public nuisance.

The Cabell County Case needs a broad description to stay alive, much like what the state of West Virginia used in a separate suit.

“The court should answer the certified question in the affirmative, holding that West Virginia Common Law defines public nuisance to include the conditions caused by distribution of controlled substances,” the Amici said in the brief.

The organizations represented in the brief are the National Association of Counties, the County Executive of America, the National League of Cities, the International Municipal Lawyers Association, the West Virginia Sheriffs Association, the West Virginia Association of Counties, the County Commissioners Association of West Virginia, and the West Virginia Municipal League.

In the brief they said that a narrow definition would absolve major drug companies of their responsibility for creating an opioid epidemic.

Tax Credits Available For Huntington-Area Housing Developers

Real estate developers who construct housing units in the Huntington area are now eligible for a tax credit through a West Virginia Department of Commerce program.

Updated on Thursday, April 25 at 2:57 p.m.

Real estate developers who construct homes in parts of Cabell and Wayne counties are now eligible for a tax incentive.

Last week, the greater Huntington area — including eastern Cabell County and northern Wayne County — was designated a BuildWV district by the West Virginia Department of Commerce.

Since its creation in 2022, the BuildWV program has granted developers state tax credits for creating new housing options in West Virginia.

A 2024 report on housing needs in Huntington found that many local housing units are considered substandard in quality or burdensome in cost. The report also found a particular need for the construction of affordable family and multi-unit homes throughout the city.

Developers who build six or more housing units in the region are now eligible for the program’s incentives, with additional incentives for developers renovating single-family homes for first-time home buyers. To apply, communities must submit an application alongside a $5,000 application fee to the West Virginia Department of Economic Development.

“It basically makes it more profitable for developers to build new housing within the county because it allows them to apply for and receive a tax credit that they normally would be paying the state of West Virginia,” Cathy Burns, executive director of the Huntington Municipal Development Authority, told The Herald-Dispatch last week.

With the program now established, local officials are hopeful for the new housing options it could bring.

“The establishment of the [BuildWV] district in Huntington and the surrounding region is indicative that we are taking a critically important step forward,” Steve Williams, mayor of Huntington, said Thursday. “We are now moving beyond tax policy and infrastructure development. We are now preparing our communities … to welcome the population growth that demands adequate and appropriate housing.”

**Editor’s note: This story was updated to include a comment from Steve Williams, mayor of Huntington.

Whole Blood Transfusions In Ambulances Could Save Lives In Two W.Va. Counties

More life-saving methods are available on ambulances in two West Virginia counties.

The state Department of Health announced Tuesday that West Virginia is the first state in the country to provide statewide protocols for the administration of whole blood on ambulances.

According to the Department of Health’s Director of the Office of Emergency Medical Services, Joseph Ratliff, whole blood transfusions help restore a patient’s blood volume and clotting function much faster than traditional blood component therapy.

Ratliff said administering whole blood to trauma patients can significantly improve their chances of survival.

“Bleeding is often an early cause of death when it comes to trauma patients, but it doesn’t have to be,” Ratliff said. “I’m pleased to see these two counties stepping up to answer the call by providing this lifesaving service to residents.”

Cabell County EMS started offering the service in November of 2023, and in March of 2024, Harrison County also began carrying whole blood on ambulances.

Paramedics delivering whole blood on ambulances in these two counties are trained to administer the transfusion.

To expand the program, the state needs more blood donations. To make an appointment, donors may download the Red Cross Blood Donor App and use “Rapid Pass” which speeds up the time it takes to donate by allowing donors to fill out the questionnaire online.

Donors may also make an appointment at RedCrossBlood.org or call 1-800-RED CROSS 1-800-733-2767.

State Supreme Court Will Weigh Cabell County, Huntington Opioid Lawsuit

This year every county in West Virginia, except Cabell County, is set to begin receiving opioid settlement funds, totalling over 400 million dollars from a nearly statewide lawsuit that was won in 2022.

Cabell County, and its largest city, Huntington, decided to bring their own joint lawsuit. They lost that suit in 2022, despite suing with the same claim that was used in successful state and nationwide lawsuits that the pharmaceutical companies had created a “public nuisance.”

This year every county in West Virginia, except Cabell County, is set to begin receiving opioid settlement funds, totaling over 400 million dollars from a nearly statewide lawsuit that was won in 2022.

The judge presiding over the case, U.S. District Judge David Faber, had a narrower interpretation over what constitutes a public nuisance than other judges on previous cases. The city and county appealed the decision.

Now the U.S. 4th Circuit Court of Appeals, which is considering the case, has asked the West Virginia Supreme Court of Appeals to answer a critical question: “Under West Virginia’s common law, can conditions caused by the distribution of a controlled substance constitute a public nuisance and, if so, what are the elements of a public nuisance claim?”

If the Supreme Court determines that those conditions do constitute a public nuisance claim then the case can proceed. Otherwise, the case against the pharmaceutical companies is dead.

Huntington Mayor Steve Williams said the nearly 100 million pills that were distributed to his city of less than 45,000 residents led to thousands of overdose deaths — and he hopes the courts see it that way as well.

“We remain hopeful that the court will find that under West Virginia law,” Williams said. “The City of Huntington and Cabell County had the right to file its claim that distributors of opioids can be held accountable for flooding the market with opioids and the resulting devastation of the opioid epidemic.”

Huntington was one of the hardest hit communities by the opioid epidemic. According to city officials, 1 in 10 residents is currently, or has been addicted to opioids. Williams said he is happy that the effort is still alive, so that the community can continue to heal.

“The reason that we need a settlement is to be able to rebuild and build back our community,” Williams said. “In a way that we can create a level of resilience to be able to overcome the curse that was placed on our community as a result of the greed of those companies.”

West Virginia Public Broadcasting reached out to the three pharmaceutical companies in the lawsuit, AmerisourceBergen, McKesson and Cardinal Health, but did not hear back in time for broadcast.

Cabell County Public Library Approves Transition To Solar Power

The Cabell County Public Library will soon install solar panels on all seven of its locations across the county as part of a 25-year agreement to transition to solar energy.

The Cabell County Public Library (CCPL) system will soon transition to solar power.

Announced Wednesday, the library approved a project to install 853 solar panels across its seven locations across the county.

“This project will have many long-term benefits for the Cabell County Public Library and the communities we serve,” said Breana Roach Bowen, the library system’s executive director, in a press release.

“In addition to having more affordable power and being more energy efficient, going solar will save the library thousands of dollars yearly,” she said. “We are excited to put that money back into the community through library resources and programming.”

The project is part of a Power Purchasing Agreement with the West Virginia-based solar power company Solar Holler.

Through the agreement, Solar Holler will front the cost of designing, developing and operating the solar panels for 25 years. The CCPL system will gradually pay back the company by purchasing the energy generated through the panels at a lower rate than their prior utilities cost.

In 2023, the company adopted a similar plan with Wayne County Schools. Solar Holler estimated that using solar power, a lower-cost form of energy, could save the library system $1.2 million over a 25-year span.

“Public libraries play a pivotal role in building healthy communities, particularly in low-income areas,” said Dan Conant, founder and chief executive officer, in a Wednesday press release.

“From day one, Solar Holler has prioritized projects that save money for organizations like this — those working to improve the lives of Appalachians,” he said.

A timeline for the project has not yet been announced.

Note: Solar Holler is an underwriter of West Virginia Public Broadcasting.

Cabell Parks, Libraries Funding Cut After High Court Decision

Parks and libraries in Cabell County can now have their budgets cut dramatically after a decision from the state supreme court.

Last summer, the Cabell County Board of Education announced plans to cut the funding the county parks and libraries receive from the Board of Education Excess Levy by $2 million.

This decision came from a unanimous vote from the county board.

Lawsuits eventually made it to the state Supreme Court of Appeals. The high court issued a decision Thursday in favor of the board of education.

The library system said losing $1.5 million from a $4 million budget would be catastrophic. The parks commission said losing a half million from its budget would require looking at cutting park offerings and free events.

In 1967, the state legislature added funding for the Cabell County Public Library System onto the school levy. In 1983, they added funding for the Greater Huntington Parks and Recreation District to that same levy.

A Cabell County School Board representative said in August that the end of COVID-19 funding along with declining enrollment and rising costs made the school board prioritize levy money for the students.

The education excess levy is up for election every five years. It will come before voters in the May primary election this year.