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STATE v. HANNA

Nos. 12627, 12629.

153 S.E.2d 284 (1967)

STATE ex rel. GREENBRIER COUNTY AIRPORT AUTHORITY, a public corporation v. Sam HANNA, Secretary of Greenbrier County Airport Authority, a public corporation. Cooper P. BENEDICT v. GREENBRIER COUNTY AIRPORT AUTHORITY, a public corporation et al.

Supreme Court of Appeals of West Virginia.

Decided March 7, 1967.

Dissenting Opinion March 10, 1967.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Thomas B. Yost, Asst. Atty. Gen., Charleston, Edgar L. Smith, Lewisburg, for relator (No. 12627).

Jackson, Kelly, Holt & O'Farrell, Homer A. Holt, James K. Brown, Charleston, Haynes & Ford, Sheldon E. Haynes, Lewisburg, for appellant (No. 12629).

Fred M. Frish, Jr., Asst. Atty. Gen., Charleston, E. D. Knight, Jr., Lewisburg, for respondents (No. 12627).

Edgard L. Smith, Lewisburg, Thomas B. Yost, Asst. Atty. Gen., Charleston, for appellees (No. 12629).

HAYMOND, Judge.

The controlling question in these two companion cases which, though not consolidated, were argued together and submitted for decision upon the record and the briefs and the oral arguments of counsel, relates to the constitutionality of a statute which authorizes the creation by the County Court of Greenbrier County of an airport authority and empowers the authority to construct, maintain and operate an airport in that county. The statute in question...

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