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SCOTT v. MARION COUNTY COM'N

No. CC 983.

377 S.E.2d 476 (1988)

Randolph C. SCOTT and Others, Marion County Citizens for Better Government, Inc., etc., Jean S. Conley and Dave Brown, Petitioners Below, v. MARION COUNTY COMMISSION, etc. and Marion Co. Fire Board, Inc., etc. Respondents Below.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 22, 1989.

Attorney(s) appearing for the Case

Gary J. Martino, Clagett and Gorey, Fairmont, for Citizens, Conley & Brown.

Randolph C. Scott, Fairmont, pro se.

Jay Montgomery Brown, PA, Fairmont, for Marion County Com'n etc.

NEELY, Justice:

In 1984 the legislature found "that fire protection and saving lives and property are important to the health and welfare of the citizens of the state and that it is desirable for county governments to provide fire protection services to county residents." W.Va.Code, 7-17-1 [1984]. In order to allow counties to subsidize rural, volunteer fire departments, the legislature enacted W.Va.Code, 7-17-12 [1984], which authorized the counties...

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