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CITY OF FAIRMONT v. PITROLO PONTIAC-CADILLAC

No. CC935.

308 S.E.2d 527 (1983)

CITY OF FAIRMONT, etc. v. PITROLO PONTIAC-CADILLAC CO., et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 25, 1983.

Concurring Opinion October 17, 1983.

Attorney(s) appearing for the Case

Higinbotham & Higinbotham, George R. Higinbotham, Fairmont, for plaintiff.

Amos & Rodeheaver and Robert M. Amos, Fairmont, for Pitrolo Pontiac-Cadillac Co.

McKittrick & Vaughan, Dennis R. Vaughan, Jr. and Harry C. Taylor, III, St. Albans, for amicus curiae Municipal Leagues.

Jackson, Kelly, Holt & O'Farrell, Thomas N. Chambers and Jennie Ovrom Ferritti, Robert R. Harpold, Jr., City Atty., Charleston, for amicus curiae City of Charleston.

John L. DePolo, City Atty., Clarksburg, for amicus curiae City of Clarksburg.

MILLER, Justice:

The issues in this certified case arose when the City of Fairmont filed suit against Pitrolo Pontiac-Cadillac and Acme Land Company to collect delinquent fire service fees. The defendants sought to defeat the collection by claiming that the City fire service charge was an ad valorem tax and violated the provisions of Section 1 of Article X of the Constitution of West Virginia. While this case was pending in the circuit court, we issued our opinion...

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