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STATE EX REL. W. VA. RES. RECOVERY v. GILL

No. 16304.

323 S.E.2d 590 (1984)

STATE ex rel. WEST VIRGINIA RESOURCE RECOVERY—SOLID WASTE DISPOSAL AUTHORITY, etc. v. Betty E. GILL, as Secretary of the West Virginia Resource Recovery—Solid Waste Disposal Authority, etc.

Supreme Court of Appeals of West Virginia.

December 5, 1984.

Attorney(s) appearing for the Case

James K. Brown, Lee O. Hill, Sarah G. Sullivan, Jackson, Kelly, Holt & O'Farrell, Charleston, for relator.

S. Clark Woodroe, Asst. Atty. Gen., Charleston, for respondent.

HARSHBARGER, Justice:

The West Virginia Resource Recovery— Solid Waste Disposal Authority asks us to compel its secretary, Betty E. Gill, to execute an agreement for it to sell steam to be generated by a proposed solid waste disposal plant, to the West Virginia Board of Regents. The principal question is whether the agreement unconstitutionally creates an indebtedness or pledges the State's credit.

I.

The authority was created by the legislature...

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